2021

Annual Security Report &Drug and Alcohol Abuse
Prevention Program
LOCATION: Phoenix, Arizona

Annual Security Report
INTRODUCTION
Ottawa University was founded in 1865 after receiving a 20,000-acre land
grant of Kansas prairie from the Ottawa Indians in recognition of the service
provided by early Baptist missionaries. Ottawa University continues to serveon the frontier of learning through innovative, high-quality, personalized
programs of study.
Ottawa University is a comprehensive, not-for-profit coeducational institutionaffiliated with the American Baptist Churches USA. Ottawa’s educational
mission brings together residential campuses in Ottawa, Kansas and Surprise, Arizona; and adult campuses in Overland Park, Kansas; Phoenix andQueen Creek, Arizona; Brookfield, Wisconsin; as well as online.
Ottawa University is committed to providing a safe and secure environment
for students, faculty, staff and guests to all its campuses.
The Annual Security Report (“ASR” or “Report”) is prepared each year by the
Associate Vice President of Compliance and his or her designees, working
in collaboration with local security officials and local police as necessary.
The Associate Vice President of Compliance, working with the designeesfrom each University Campus, also prepares the statistics for the annual
disclosure of crime statistics, including identifying reported Clery-covered
crimes and making a good faith effort to obtain crime statistics from local law enforcement agencies. The statistics include certain categories ofcrimes that occurred on campus, in or on noncampus buildings or property,
and crimes that occurred on public property adjacent to and accessible from
campus and were reported to a campus security authority or local police
agencies in the three previous calendar years. This Report is available on
the Ottawa University website (www.ottawa.edu), MyOttawa, and by request
at your campus location. Notice of the report is sent to all students, faculty
and staff via email. All students, faculty and staff also have access to thereport on their MyOttawa page.

MISSION STATEMENT
Building on its foundation as a Christ-inspired community of grace and open
inquiry, Ottawa University prepares professional and liberal arts graduates
for lifetimes of personal significance, vocational fulfillment, and service to
God and humanity.

NON-DISCRIMINATION POLICY
Ottawa University is committed to equal opportunities for all members of
the community and does not unlawfully discriminate in the recruitment or
treatment of persons in any program on the basis of race, age, sex, color,religion, disability, ethnicity, national origin, sexual orientation, ethnicity,
family and marital status, genetic information or any other characteristic
prohibited by law.
The following person has been designated to handle inquiries regarding thenon-discrimination policies:
Carrie Stevens
Associate Vice President of Compliance/Title IX Coordinator
1001 South Cedar Street
Ottawa, KS 66067
Phone: 785-248-2326
Email: carrie.stevens@ottawa.edu

For further information on notice of non-discrimination, please contact:
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303-844-5695
FAX: 303-844-4303
TDD: 800-877-8339
Email: OCR.Denver@ed.gov

CAMPUS SAFETY AND SECURITY
Ottawa University is committed to providing student, faculty, staff, andvisitors with as safe and enjoyable a college experience as possible. Yoursafety is a joint effort between students, faculty, staff, local police and/or
on-site security, and you. This document includes important security information that will help promote your safety while attending or visiting Ottawa
University.
Ottawa University requires all students, faculty and staff to accurately and promptly report all incidents involving criminal activity and/or emergencies to campus security authorities and appropriate law
enforcement agencies immediately, including when the victim of acrime elects to, or is unable to, make such a report themselves. This
campus does not have any official off-campus student organizations.

TIMELY WARNING
Under the Clery Act (20 U.S.C. § 1092) and its implementing regulations, Ottawa University is responsible for issuing a “timely warning” if certain Clery
Act crimes have been reported to campus security authorities or local police
agencies that occurred on Ottawa University’s campus or covered public
property and Ottawa University determines there is a serious or continuing
threat to students or employees.
At the Phoenix campus, the decision to issue an alert and the writing of thenotice will be made by the president or designee, in consultation with any
necessary campus administration. The Omnilert alert may be distributed byblast email or text message to all students and employees. Alerts may beposted by administration in each campus building, on the Ottawa website
and also by distributing bulletins and flyers to the University community. The
method of distribution is dependent on the nature of the incident and thethreat to the community. The timely warning will withhold the names andother identifying information of the victims as confidential.

REPORTING
Emergencies and Crimes in ProgressEmergencies, crimes in progress and serious crimes which have just occurred, should be reported by calling local law enforcement at 602-2627626 or 9-1-1 from a cell phone or non-campus phone on or near the campus. Calling 9-9-1-1 from a campus phone will connect you with the local law
enforcement. Advise them of your location.
Crime or Non-emergency to Ottawa University
To report a crime or non-emergency, call the Ottawa University front desk at
602-749-5100, campus administrator (Brian Sandusky) at 623-233-7616,

or the local police department at 602-262-7626. If warranted, these reports
may be considered for a timely warning alert to be sent.
Confidential Reporting
Crimes may be reported on a voluntary, confidential basis for inclusionin the Annual Security Report by filing a confidential incident reportthrough the University Complaint Hotline at 844-719-2846 or online atwww.ottawa.ethicspoint.com. Reports filed on a confidential basis arecounted and included in the annual crime statistics.
There are no pastoral/counseling services offered at the Phoenix adultcampus. However, should students need assistance, they may contact the
University Chaplain, John Holzhüter, at 785-248-2334 or john.holzhuter@ottawa.edu.

EMERGENCY RESPONSE
AND EVACUATION PROCEDURES
Ottawa University staff are committed to ensuring that the Phoenix campus
community receives timely, accurate and useful information in the eventof a significant emergency or dangerous situation on campus, or in thelocal area that poses an immediate threat to the safety and well-being of
the campus community. The information may be obtained from a variety ofsources including campus employees, other governmental agencies andeven broadcast news.
Generally, the campus manager or designee will become aware of situations
that pose a threat to some or all of the campus community. Once the campus
manager or designee or other first responders confirm that there is an emergency or dangerous situation, they will contact the University administration
or designee and/or local law enforcement.
If time permits, the campus manager or designee will consult with the Police
Chief or designee, and other authorized University officials about issuing
an emergency notification. If time is critical, the notification may be issued
immediately. If it is determined that notification will compromise efforts toassist the victim or mitigate the emergency, OU administration may elect todelay issuing the emergency notification. As soon as the condition that compromised notification efforts is no longer present, the University will issue
the notification. If time permits, the campus manager or designee, along with
the Police Chief, or designee and University administration will determine
what segment of the campus community will receive the emergency notification. Depending on the nature of the emergency, it may also become necessary to notify the local community of the emergency. If this is necessary,
notification will be made to the local Police/Fire Departments. Notification
may also be made to local broadcast news. The office responsible for issuing the emergency notification (campus manager) will, in concert with theChief or designee, University administration, University marketing and communications, and possibly local first responders, determine the content of
the notification and provide specific safety instructions. The notification may
be distributed to the campus community through the campus emergency
alert system (Omnilert), email, text message system, the Unversity website,
emergency bulletins and local news broadcasts. It is critically important thatstudents and employees sign up for the Omnilert emergency alert systemon the MyOttawa portal and provide a current cell phone number in orderto receive emergency text messages. As more information about the emergency becomes available, follow up broadcasts will be made using the same
notification systems.

COVID ALERT PROCEDURE
Should a member of the OU community become infected with Covid-19, OU
will work with the appropriate health officials to notify those individuals whoare in our OU community to provide information regarding the exposure. The
timely warning will be issued in a manner which will reach the necessary
people in the most reasonably limited methods (ie., letter, individual email,phone call, etc.), which will protect privacy, health, and safety.

CAMPUS ALERT/OTTAWA UNIVERSITY ALERT
Ottawa University Alert is Ottawa University’s contract (Omnilert) text messaging system. It is capable of sending emergency notifications instantly
and simultaneously to all registered cell phone, smart phones, and personal
email addresses. Examples of emergency messages include severe weather
warnings, campus closings, and campus emergencies.
To sign-up for the Ottawa University Alert:
1. Have your cell phone with you and turned on
2. Go to MyOttawa page(https://myottawa.ottawa.edu/ics/)
3. Login to your MyOttawa account using your username and password.
4. On the landing page, you will see a box called “Get the Message”
5. Select the link to Create Account
6. Complete the Registration
7. Wait for the validation code to be sent to your cell phone
8. Enter the validation code
9. Make note of your username and password so you may makechanges and updates to your account in the future
Once you have completed registration and validated your cell phone, you
may log into your personal Ottawa University Alerts account to add additional
services, such as an email address, to the system. You may register up to twoemail addresses and two SMS/text-messaging devices. Just go back to the“OU” box and choose “Login Now!”
All email addresses and phone numbers entered into Ottawa University
Alerts are confidential. Ottawa University Alerts will only send messages you
request. The campus community will be notified via email before any Ottawa
University Alerts test messages are sent. Ottawa University Alerts can only
contact registered users.

DRILLSAt Ottawa University, drills may be announced or unannounced, and are used
as a way to educate and train occupants on issues specific to their building.
The purpose of evacuation drills is to prepare building occupants for an
organized evacuation in case of an emergency. During the drill, occupants‘practice’ drill procedures and familiarize themselves with the location ofexits and the sound of the fire alarm. In addition to educating occupants ofeach building about the evacuation procedures during the drills, the process
also provides the University an opportunity to test the operation of fire alarmsystem components.
At the Phoenix campus, the campus manager is responsible for planning all
drills, and will publicize its emergency response procedures in conjunction
with at least one test per calendar year. The campus manager (or designee)
documents for each test:•••

a description of the exercise;the date and time; andwhether it was announced or unannounced.

Evacuation drills are also monitored to evaluate egress and behavioral patterns. Reports are prepared by participating departments which identify deficient equipment so that repairs can be made immediately. Recommendations for improvements are also submitted to the appropriate departments/
offices for consideration.

EMERGENCY PROTOCOLSFIRE SAFETY STANDARDSGeneral Precautions:•

Know the location of all fire exits, fire alarms and fire extinguishers
on your floor.

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The greatest danger in buildings is not from flames but from smokeand heat. Therefore, fire doors in halls and stairwells must be kept
closed at all times.

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Do not take any chances with fire because even a small one canget out of control. If the fire cannot be extinguished with available
equipment, activate the nearest fire alarm and immediately report
all fires.

•If you are in a room where a fire starts, leave and close the door toconfine the blaze to that room as long as possible. Do not lock the
door.

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Plan ahead–think about how you would exit from different areas ofyour building.

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If an alarm is sounded, feel your door before you open it. If it ishot, do not open the door. Seal crack around the door with tape,clothes, sheets, etc. Signal rescuers by waving a sheet or clothingout the window. Finally, never jump from the window.

In Case of Fire:•

Stay calm.

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Close windows.

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Check door for heat before opening.

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If hallway is safe, leave by the nearest exit.

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Pound on doors as you exit building.

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Pull nearest alarm if not already sounded.

Personal Security:
Ottawa University attempts to provide a safe living and learning environment.
However, your personal security relies on you. Listed below are a few guidelines that will also help you and your belongings remain safe:•

Always carry keys with you.

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Never leave valuables in plain view.

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Mark your personal property and keep a list of serial numbers,
model numbers and approximate value of your belongings.

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Do not prop exit doors open.

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When walking at night, walk in groups.

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Report all incidences (suspicious persons, etc.).

SECURITY AND ACCESS TO CAMPUS
BUILDINGS AND GROUNDSThe OU community is comprised of a student, faculty and staff population
with the University’s many special events and programs attracting additional
guests on a daily basis. The Phoenix campus (including classroom spaceleased by the University) is accessible to the general public during regularbusiness hours and night classes. The campus is considered closed on theweekends and holidays. Key card entry is required after hours and into nonpublic areas. If your campus key/access cards are lost or stolen, report theloss immediately to the campus manager.

Security, maintenance, facilities, and landscaping are maintained in amanner that minimizes hazardous conditions. Members of the campus
community should promptly report hazardous or unsafe conditions to any
member of the OU administration, or the campus manager (Brian Sandusky)
at 623-233-7616 on the Phoenix campus.
Ottawa University does not have non-campus facilities at the Phoenix campus location.

CAMPUS SAFETY AND
CRIME PREVENTION PROGRAMS
Ottawa University encourages students and employees to be responsible
for their own security and the security of others. The University also informs
students and employees about the prevention of crimes. The campus emergency notification system (Omnilert), policies pertaining to on campus safety
and procedures for reporting incidents are all discussed during an in-person
new student orientation. Local police and outside groups provide programs
covering topics such as personal safety awareness, sexual assault prevention, and resources, alcohol and drug education, and self-defense. Informational reminders regarding campus safety and security are sent through the
University email and/or Omnilert system and posted on MyOttawa.
Some of the major programs are as follows:•

Title IX Course on Sexual Misconduct/Respect and Consent during
orientation for adult students•

Community Health Promotion Day
Presented by the Ottawa University Nursing program. In additon to
health topics, this program discusses alcohol awareness. It is presented on the Phoenix campus and is made available Universitywide via the internet.

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Active Shooter Training
Ottawa University works in conjunction with the Phoenix Police Department to train for active shooter scenarios.

COUNSELING SERVICES AND RESOURCESCOUNSELING ONLINE RESOURCES
To provide a convenient information and self-evaluation source for students
to explore in the privacy of their choosing, Ottawa University Counseling Services has affiliated with the following not-for-profit organizations to provide
accurate and direct information about mental health and substance use
issues.
Resources available•••

2-1-1 Arizona
2-1-1 Arizona connects you with thousands of nonprofit and government services in your area. If you want personal assistance, call thethree-digit number 2-1-1 or go online at https://211arizona.org/.
This service is available 24/7. If you are in crisis, dial 800-631-1314.
If you are in an emergency, dial 9-1-1.
College Confidential
Articles and discussion forums around all college related topics
www.collegeconfidential.com
Crisis Text Line
Text "Home" to 741741 for free 24/7 confidential support in the US.

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Half of Us
A site affiliated with the Jed Foundation that offers “some quick tips
that everyone can use to take control of their emotional health:”
http://www.halfofus.com/getstarted.aspx

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The Jed Foundation
Working to reduce emotional distress and prevent suicide amongcollege students, The Jed Foundation is recognized as the nation’s
leading organization working to reduce emotional distress andprevent suicide among college students. Guided by leading experts,
The Jed Foundation is changing the way students and their parents
think about mental health, paving the way for more young people toget treatment and helping colleges create safer, healthier campus
communities.” (Jed Foundation website): http://www.jedfoundation.
org/

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NAMI
National Alliance on Mental Illness: Awareness, education, and advocacy for individuals and families affected by mental illness www.
nami.org•

National Suicide Lifeline
A site that provides 24/7, free and confidential support for people indistress, prevention and crisis resources for you or your loved ones,
and best practices for professionals: http://www.suicidepreventionlifeline.org

JED CAMPUS
Ottawa University has entered a four-year program with JED Campus. The
advisors of JED Campus work with OU to create University-wide strategies
to evaluate and strengthen mental health, substance abuse, and suicide
prevention programming and systems. This program will assist the University
in implementing best-practice policies, programs, and services for prevention and intervention of mental health issues for our University community.

COUNSELING TELEMED SERVICES
As of October 1, OU contracted with LifeWorks, a telemed mental healthcounseling service, to provide free 24/7 access to master’s-level technicians
for immediate and short-term support for our adult, online learners. The services are readily available through web and app-based tools utilizing phone,
video and chat features to encourage early intervention. LifeWorks helps to
identify on-going care needs providing guidance on next steps and referrals
for those students who would benefit from more long-term care services.

STATE OF ARIZONA SEX OFFENDERREGISTRY
Ottawa University complies with all state and federal laws regarding sex offender registry. When the Dean of Student Affairs is informed that a student
is listed on the Arizona Department of Public Safety's State Sex Offender
Registry, Ottawa University reserves the right to take immediate action including but not limited to not permitting a student to enroll at the University,
suspend or dismiss the student if the student is deemed to pose a significant
risk to the health, safety, and/or welfare of the community or to any person.
The Arizona Department of Public Safety has established this website tofacilitate public access to information about persons who have been convicted of certain sex and violent offenses, as set forth in the Arizona Offender
Registration Act (ARS 13-3827 et seq.).
Any person who uses information obtained through this website to threaten,
intimidate, or harass another, or who otherwise misuses the information,
may be subject to criminal prosecution and/or civil liability.
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Arizona Registered Offenders Search: https://www.azdps.gov/services/public/offender•

National Sex Offender Search: http://www.nsopw.gov/Core/Conditions.aspx?Aspx AutoDetectCookieSupport=1

DAILY CRIME LOG
A daily crime log documenting reported crimes that occurred on campus, inor on non-campus buildings or property, and crimes that occurred on public

property adjacent to and accessible from campus and is kept in accordancewith the Higher Education Opportunity Act (Clery Act). The logs contain thedate and time the crime was reported. The logs may be requested by emailing compliance@ottawa.edu.

Sexual Misconduct Policy
SEXUAL MISCONDUCT POLICY•

Ottawa University (“University”) is committed to providing a learning, working,and living environment that promotes personal integrity, civility, and mutual
respect in an environment free of discrimination on the basis of sex. The
University considers sex discrimination in all forms to be a serious offense.
Sex discrimination constitutes a violation of this policy, is unacceptable, andwill not be tolerated. Sex discrimination includes discrimination based on
pregnancy, gender identity as well as that based on the failure to conform tostereotypical notions of femininity and masculinity.

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Sexual harassment, whether verbal physical, or visual, that is based on sex,
is a form prohibited sex discrimination. Sexual harassment also includes
sexual violence. The specific definitions of sexual harassment and sexual
violence, including examples of such conduct, are set forth below.
At points, this Policy discusses discrimination and harassment that does not
fall under Title IX. This is because there are sometimes instances in which
it may be difficult to determine if discrimination and/or harassment is motivated by gender/sex. Typically, it will be the Title IX Coordinator who makes
this determination. As such, references to the non-Title IX nature of violations
and procedures are included at relevant places below.
This Policy complies with the University’s obligations under Title IX of the
Education Amendments of 1972 (Title IX)(As amended May 6, 2021 andimplemented August 14, 2021) which prohibits discrimination on the basisof sex in the University’s programs or activities; relevant sections of theViolence Against Women Reauthorization Act; Title VII of the Civil Rights Act
of 1964, which prohibits discrimination on the basis of sex in employment;
and other applicable law.

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by state law to report child abuse, elder abuse, and/or abuse of individuals
with disabilities to appropriate officials, though these responsibilities may
overlap with those who have mandated reporting responsibility in this Policy.

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DEFINITION
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Advisor means a person chosen by a party or appointed by the institution to accompany the party to meetings related to the resolution
process, to advise the party on that process, and to conduct crossexamination for the party at the hearing, if any.
Complainant means an individual who is alleged to be the victim of
conduct that could constitute a violation of this policy; or retaliationfor engaging in a protected activity under this policy.
Complaint (formal) means a document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a violation ofthis policy or retaliation for engaging in a protected activity against
a Respondent and requesting that the University investigate the allegation.
Confidential Resource means an employee who is not a Mandated
Reporter of notice of harassment, discrimination, and/or retaliation(irrespective of Clery Act Campus Security Authority status).
Day means a business day when the University is in normal operation.
Directly Related Evidence is evidence connected to the complaint but
is neither inculpatory (tending to prove a violation) nor exculpatory(tending to disprove a violation) and will not be relied upon by theinvestigation report.
Education Program or Activity means locations, events, or circumstances where the University exercises substantial control over both
the Respondent and the context in which the sexual harassment
or discrimination occurs and also includes any building owned orcontrolled by a student organization that is officially recognized by
the University.
Final Determination A conclusion by the preponderance of evidence
that the alleged conduct did or did not violate policy.

Finding A conclusion by the preponderance of evidence that the
conduct did or did not occur as alleged (as in a “finding of fact”).
Formal Grievance Process means a method of formal resolution designated by the University to address conduct that falls within thepolicies included below, and which complies with the requirementsof the Title IX regulations (34 CFR §106.45).
Grievance Process Pool includes any investigators, hearing officers,
appeal officers, and Advisors who may perform any or all of theseroles (though not at the same time or with respect to the same case).
Hearing Decision-maker refers to those who have decision-making
and sanctioning authority within the University’s Formal Grievanceprocess. The Hearing Decision-maker may be one person or may bemade up of a panel of more than one person.
Investigator means the person or persons charged by the University
with gathering facts about an alleged violation of this Policy, assessing relevance and credibility, synthesizing the evidence, and compiling this information into an investigation report and file of directly
related evidence.
Mandated Reporter means an employee of Ottawa University who isobligated by policy to share knowledge, notice, and/or reports ofharassment, discrimination, and/or retaliation with the Title IX Coordinator and/or their supervisor. Not to be confused with those mandated

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Notice means that an employee, student, or third-party informs the
Title IX Coordinator or other Official with Authority (OWA) of the alleged occurrence of harassing, discriminatory, and/or retaliatory
conduct.
Official with Authority (OWA) means an employee of OU explicitly
vested with the responsibility to implement corrective measures forharassment and discrimination that does not fall under Title IX, butdoes fall under the OU Code of Conduct, and/or retaliation for thosecomplaints on behalf of OU.
Parties include the Complainant(s) and Respondent(s), collectively.
University means a postsecondary education program that is a University of federal funding; in the context of this policy, the University
is Ottawa University (OU).
Relevant Evidence is evidence that tends to prove or disprove anissue in the complaint.
Remedies are post-finding actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to the University’s educational program.
Respondent means an individual who has been reported to be theperpetrator of conduct that could constitute harassment or discrimination based on a protected class; or retaliation for engaging in a
protected activity.
Resolution means the result of an informal or Formal Grievance
Process.
Sanction means a consequence imposed by OU on a Respondent
who is found to have violated this policy.
Sexual Harassment is the umbrella category including the offenses
of sexual harassment, sexual assault, stalking, and dating violenceand domestic violence. See Section 17.b., for greater detail.
Title IX Coordinator is at least one official designated by OU to ensurecompliance with Title IX and OU’s Title IX program. References to the
Coordinator throughout this policy may also encompass a designeeof the Coordinator for specific tasks.

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Title IX Team refers to the Title IX Coordinator, any deputy coordinators, and any member of the Grievance Process Pool.

RATIONALE FOR POLICY
Ottawa University is committed to providing a workplace and educational
environment, as well as other benefits, programs, and activities, that are
free from discrimination, harassment, and retaliation. To ensure compliance with federal and state civil rights laws and regulations, and to affirm
its commitment to promoting the goals of fairness and equity in all aspectsof the educational program or activity, OU has developed internal policies
and procedures that provide a prompt, fair, and impartial process for those
involved in an allegation of discrimination or harassment on the basis ofprotected class status, and for allegations of retaliation. Ottawa University
values and upholds the equal dignity of all members of its community andstrives to balance the rights of the parties in the grievance process during
what is often a difficult time for all those involved.

APPLICABLE SCOPE
This policy applies to administrators, faculty, and other University employees;
students; applicants for employment; customers; third-party contractors;
and all other persons that participate in the University’s educational programs and activities, including third-party visitors on campus (the “University
Community”). This policy prohibits sexual misconduct, sex discrimination,
sexual harassment, and sexual violence even when the complainant andalleged perpetrator are members of the same sex, and it applies regardlessof national origin, immigration status, or citizenship status. The University’s
prohibition on sex discrimination and sexual harassment extends to all aspects of its edu-cational programs and activities, including, but not limited
to, admissions, employment, academics, athletics, housing, and student
services.

TITLE IX COORDINATOR
Carrie Stevens, the Associate Vice President of Compliance, serves as the
Title IX Coordinator and ADA/504 Coordinator and oversees implementationof OU’s Title IX policy on sexual misconduct, sexual harassment and sexual
discrimination. The Title IX Coordinator has the primary responsibility for
coordinating OU’s efforts related to the intake, investigation, resolution, andimplementation of supportive measures to stop, remediate, and prevent
discrimination, harassment, and retaliation prohibited under this policy.

INDEPENDENCE AND CONFLICT-OF-INTEREST
The Title IX Coordinator manages the Title IX Team and acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures. The
members of the Title IX Team are vetted and trained to ensure they are notbiased for or against any party in a specific case, or for or against Complainants and/or Respondents, generally.
Reports of misconduct or discrimination committed by the Title IX Coordinator or raise any concern involving bias or conflict of interest by the Title IX
Coordinator, contact the Executive Vice President/CFO, Clark Ribordy, atclark.ribordy@ottawa.edu. Concerns of bias or a potential conflict of interest,
as well as reports of misconduct or discrimination by any other Title IX Team
member should be raised with the Title IX Coordinator.

ADMINISTRATIVE CONTACT INFORMATION
Complaints or notice of alleged policy violations, or inquiries about or concerns regarding this policy and procedures, may be made internally to:
Name: Carrie Stevens
Title IX Coordinator
1001 S. Cedar St.
Ottawa, Kansas 66067
785-248-2326
Carrie.stevens@ottawa.edu
OU has also classified most employees as Mandated Reporters of any
knowledge they have that a member of the community is experiencing harassment, discrimination, and/or retaliation. The section
below on Mandated Reporting details which employees have this responsibility and their duties, accordingly.

Inquiries may be made externally to:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20212-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012 TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
External inquiries and complaints involving employees may be made to the
Equal Employment Opportunity Commission (EEOC):
US Equal Employment Opportunity Commission
131 M Street, NE
Washington, DC 20507
202-663-4900/(tty) 202-663-4494
Gateway Tower II
400 State Ave., Ste. 905
Kansas City, KS 66101
Reuss Federal Plaza
310 West Wisconsin Ave., Ste. 500
Milwaukee, WI 53203
Phoenix District Office3300 North Central Ave., Ste. 690
Phoenix, AZ 85012-2504

NOTICE/COMPLAINTS OF DISCRIMINATION,HARASSMENT, AND/OR RETALIATION
Notice or complaints of discrimination, harassment, and/or retaliation may
be made using any of the following options:1) File a complaint with or give verbal notice to the Title IX using thecontact information provided above. Such a report may be made at
any time (including during non-business hours) by using the telephone number or email address, or by mail to the office address,
listed for the Title IX Coordinator or any other official listed (at left).
2) Report using the harassment/discrimination hotline, either online orby phone using the following information:www.ottawa.ethicspoint.com or 844-719-2846
This is an external hotline and reports can be made anonymously.
However, it may be difficult to investigate an anonymous report. Further, OU tries to provide supportive measures to all Complainants,
which is impossible with an anonymous report. Because reporting
carries no obligation to initiate a formal response, and as OU respects Complainant requests to dismiss complaints unless there is acompelling threat to health and/or safety, the Complainant is largely
in control and should not fear a loss of privacy by making a reportthat allows the University to discuss and/or provide supportive measures.
3) Filing a report with the University does not prevent a Complainantfrom also filing a report with law enforcement. The University can
assist in providing information and support should a Complainant
opt to do so.
A Formal Complaint means a document submitted or signed by the Complainant or signed by the Title IX Coordinator alleging a policy violation
by a Respondent and requesting that OU investigate the allegation(s). A
complaint may be filed with the Title IX Coordinator in person, by mail, or byelectronic mail, by using the contact information in the section immediately
above. As used in this paragraph, the phrase “document filed by a Complainant” means a document or electronic submission (such as by electronic mailor through an online portal provided for this purpose by the OU) that contains
the Complainant’s physical or digital signature, or otherwise indicates that
the Complainant is the person filing the complaint, and requests that OU
investigate the allegations.
If notice is submitted in a form that does not meet this standard, the Title IX
Coordinator will contact the Complainant to ensure that it is filed correctly.

SUPPORTIVE MEASURESThe University will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation.
Supportive measures are non-disciplinary, non-punitive individualized
services offered as appropriate, as reasonably available, and without fee
or charge to the parties to restore or preserve access to the University’s
education program or activity, including measures designed to protect thesafety of all parties or the University’s educational environment, and/or deter
harassment, discrimination, and/or retaliation.
The Title IX Coordinator promptly makes supportive measures available tothe parties upon receiving notice or a complaint. At the time that supportive
measures are offered, the University will inform the Complainant, in writing,that they may file a formal complaint with the University either at that time orin the future, if they have not done so already. The Title IX Coordinator works
with the Complainant to ensure that their wishes are taken into accountwith respect to the supportive measures that are planned and implemented.
The University will maintain the privacy of the supportive measures, provided
that privacy does not impair the University’s ability to provide the supportive
measures. The University will act to ensure as minimal an academic/occupational impact on the parties as possible. The University will implement
measures in a way that does not unreasonably burden the other party.
These actions may include, but are not limited to:
•
•
•
•
•
•
•
•
•
•
•

Referral to counseling, medical, and/or other healthcare services
Referral to the Employee Assistance Program (for employees)
Referral to community-based service providers
Student financial aid counseling
Education to the institutional community or community subgroup(s)Altering campus housing assignment(s)Altering work arrangements for employees or student-employees
Safety planning
Providing campus safety escorts
Providing transportation accommodations
Implementing contact limitations (no contact orders) between theparties• Academic support, extensions of deadlines, or other course/
program-related adjustments• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO)
orders• Class schedule modifications, withdrawals, or leaves of absence• Increased security and monitoring of certain areas of the campus• Any other actions deemed appropriate by the Title IX Coordinator• Timely Warnings
Violations of no contact orders will be referred to appropriate student or
employee conduct processes for enforcement.

EMERGENCY REMOVALThe University can act to remove a student Respondent entirely or partiallyfrom its education program or activities on an emergency basis when an
individualized safety and risk analysis has determined that an immediate
threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator in
conjunction with the Behavioral Intervention Team using its standard objective violence risk assessment procedures.
In all cases in which an emergency removal is imposed, the student will begiven notice of the action and the option to request to meet with the Title IX
Coordinator prior to such action/removal being imposed, or as soon thereafter as reasonably possible, to show cause why the action/removal should
not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather
is an administrative process intended to determine solely whether the
emergency removal is appropriate. When this meeting is not requested inwriting, electronic or otherwise, in a timely manner (48 hours, inclusive ofweekends), objections to the emergency removal will be deemed waived. A
Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable to do so.
This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to Title
IX. There is no appeal process for emergency removal decisions.
A Respondent may be accompanied by an Advisor of their choice when meeting with the Title IX Coordinator for the show cause meeting. The Respondent
will be given access to a written summary of the basis for the emergency
removal prior to the meeting to allow for adequate preparation.
The Title IX Coordinator has sole discretion under this policy to implement orstay an emergency removal and to determine the conditions and duration.
Violation of an emergency removal under this policy will be grounds for discipline, which may include expulsion.
The University will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by
the Title IX Coordinator, these actions could include, but are not limited
to: removing a student from a residence hall, temporarily re-assigning an
employee/student worker, restricting a student’s or employee’s access toor use of facilities or equipment, allowing a student to withdraw or takegrades of incomplete without financial penalty, authorizing an administrative
leave, and suspending a student’s participation in extracurricular activities,
student employment, student organizational leadership, or intercollegiate/intramural athletics.
At the discretion of the Title IX Coordinator, alternative coursework options
may be pursued to ensure as minimal an academic impact as possible on
the parties.
Where the Respondent is an employee, existing provisions for interim action
are applicable.

PROMPTNESSAll allegations are acted upon promptly by the University once it has received
notice or a formal complaint. Complaints can take 60-90 business days to resolve, typically. There are always exceptions and extenuating circumstancesthat can cause a resolution to take longer, but the University will avoid allundue delays within its control.
Any time the general timeframes for resolution outlined in University procedures will be delayed, the University will provide written notice to the partiesof the delay, the cause of the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.

PRIVACY
Every effort is made by the University to preserve the privacy of reports.The
University will not share the identity of any individual who has made a reportor complaint of harassment, discrimination, or retaliation; any Complainant,any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, or any witness, except as permitted by the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g; FERPA regulations, 34 CFR part 99; or as required by law; or to carry out the purposes of
34 CFR Part 106, including the conducting of any investigation, hearing, or
grievance proceeding arising under these policies and procedures.
The University reserves the right to determine which University officials havea legitimate educational interest in being informed about incidents that fallwithin this policy, pursuant to the Family Educational Rights and Privacy Act(FERPA).
Only a small group of officials who need to know will typically be told about
the complaint, including but not limited to: The Office of Student Life/Student Affairs, University Security, the Behavioral Intervention Team, Counseling, Dean of Academics, Campus President, and Compliance. Information
will be shared as necessary with Investigators, Hearing Panel members/
Decision-makers, witnesses, and the parties. The circle of people with thisknowledge will be kept as tight as possible to preserve the parties’ rights
and privacy.

The University may contact parents/guardians to inform them of situations
in which there is a significant and articulable health and/or safety risk but
will usually consult with the student first before doing so.
For the purpose of this policy, privacy and confidentiality have distinct meanings.
Privacy means that information related to a complaint will be shared with a limited
number of University employees who “need to know” in order to assist in the assessment, investigation, and resolution of the report. All employees who are involved in the
University’s response to notice under this policy receive specific training and guidance
about sharing and safeguarding private information in accordance with state and federal law. The privacy of student education records will be protected in accordance with
the Family Educational Rights and Privacy Act (“FERPA”), as outlined in the University’s
Student Records Policy. The privacy of employee records will be protected in accordance with Human Resources policies. Confidentiality exists in the context of laws that
protect certain relationships, including those who provide services related to medical
and clinical care, mental health providers, counselors, and ordained clergy. The law
creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients, parishioners,
and spouses. The University has designated individuals who have the ability to haveprivileged communications as Confidential Resources. For more information about
Confidential Resources, see page 18. When information is shared by a Complainantwith a Confidential Resource, the Confidential Resource cannot reveal the information
to any third party except when an applicable law or a court order requires or permits
disclosure of such information. For example, information may be disclosed when: (i)the individual gives written consent for its disclosure; (ii) there is a concern that theindividual will likely cause serious physical harm to self or others; or (iii) the information
concerns conduct involving suspected abuse or neglect of a minor under the age of18, elders, or individuals with disabilities. Non-identifiable information may be sharedby Confidential Resources for statistical tracking purposes as required by the federal
Clery Act. Other information may be shared as required by law.

When the Respondent is enrolled in or employed by another institution, theTitle IX Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to allege violations
through that institution’s policies.
Similarly, the Title IX Coordinator may be able to assist and support a student
or employee Complainant who experiences discrimination in an externship,
study abroad program, or other environment external to the University where
sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give recourse to the Complainant.

TIME LIMITS ON REPORTING
There is no time limitation on providing notice/complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the University’sjurisdiction and/or significant time has passed, the ability to investigate,
respond, and provide remedies may be more limited or impossible.
Acting on notice/complaints significantly impacted by the passage of time(including, but not limited to, the rescission or revision of policy) is at the discretion of the Title IX Coordinator, who may document allegations for futurereference, offer supportive measures and/or remedies, and/or engage in
informal or formal action, as appropriate.
When notice/complaint is affected by significant time delay, the University
will typically apply the policy in place at the time of the alleged misconduct
and the procedures in place at the time of notice/complaint..

JURISDICTION OF THE UNIVERSITYPOLICY ON DISCRIMINATORY HARASSMENT

This policy applies to the education program and activities of the University, to conduct that takes place on the campus or on property owned orcontrolled by the University, at University-sponsored events, or in buildings
owned or controlled by University’s recognized student organizations. The
Respondent must be a member of University’s community in order for its
policies to apply.

Students, staff, administrators, and faculty are entitled to an employment
and educational environment that is free of discriminatory harassment. The
University’s harassment policy is not meant to inhibit or prohibit educational
content or discussions inside or outside of the classroom that include germane but controversial or sensitive subject matters protected by academic
freedom.

This policy can also be applicable to the effects of off-campus misconductthat effectively deprive someone of access to University’s educational program. The University may also extend jurisdiction to off-campus and/or toonline conduct when the Title IX Coordinator determines that the conduct
affects a substantial University interest.

The sections below describe the specific forms of legally prohibited harassment that are also prohibited under University policy. When speech or conduct is protected by academic freedom, it will not be considered a violationof University policy, though supportive measures will be offered to those
impacted. All policies encompass actual and/or attempted offenses.

Regardless of where the conduct occurred, the University will address notice/complaints to determine whether the conduct occurred in the context
of its employment or educational program or activity and/or has continuing
effects on campus or in an off-campus sponsored program or activity. A
substantial University interest includes:a. Any action that constitutes a criminal offense as defined by law. This
includes, but is not limited to, single or repeat violations of any local,
state, or federal law;b. Any situation in which it is determined that the Respondent poses
an immediate threat to the physical health or safety of any student
or other individual;c. Any situation that significantly impinges upon the rights, property,
or achievements of oneself or others or significantly breaches thepeace and/or causes social disorder; and/or
d. Any situation that is detrimental to the educational interests or mission of the University.
If the Respondent is unknown or is not a member of the University community, the Title IX Coordinator will assist the Complainant in identifying
appropriate campus and local resources and support options and/or, when
criminal conduct is alleged, in contacting local or campus law enforcement
if the individual would like to file a police report.
Further, even when the Respondent is not a member of the University’s community, supportive measures, remedies, and resources may be accessible
to the Complainant by contacting the Title IX Coordinator or any OAW, as
designated above, who will then contact the Title IX Coordinator.
In addition, the University may take other actions as appropriate to protect
the Complainant against third parties, such as barring individuals from University property and/or events.
All vendors serving the University through third-party contracts are subject
to the policies and procedures of their employers and their employers will be
notified of any reports filed against them.

Discriminatory Harassment
Discriminatory harassment poses a specific type of harassment that may not
fall under Title IX but should be addressed under this Policy. Discriminatory
Harassment constitutes a form of discrimination that is prohibited by the
University Code of Conduct and may be apparent in a Title IX Complaint. Discriminatory harassment is defined as unwelcome conduct by any member
or group of the community on the basis of actual or perceived membershipin a class protected by policy or law; relevant here when that harassment isbased on sex/gender.
The University does not tolerate discriminatory harassment of any employee,
student, visitor, or guest. University will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level ofcreating a “hostile environment.”
A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits,
or opportunities. This discriminatory effect results from harassing verbal,
written, graphic, or physical conduct that is severe or pervasive and objectively offensive.
This definition of hostile environment is based on Federal Register / Vol. 59, No. 47/ Thursday, March 10, 1994: Department of Education Office for Civil Rights, Racial
Incidents and Harassment Against Students At Educational University’s Investigative
Guidance.

The University reserves the right to address offensive conduct and/or
harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature and not based on a protected status.
Addressing such conduct will not result in the imposition of discipline under
University policy, but may be addressed through respectful conversation,
remedial actions, education, effective Alternate Resolution, and/or otherinformal resolution mechanisms. Typically, when violations of this policy arealleged, they will be addressed by the Dean of Student Life, if involving a
student, or the Director of Human Resources, if involving a student.

Sexual Harassment
Ottawa University has adopted the following definition of Sexual Harassment
in order to address the unique environment of an academic community.
Acts of sexual harassment may be committed by any person upon any otherperson, regardless of the sex, sexual orientation, and/or gender identity of
those involved.
Sexual Harassment, as an umbrella category, includes the offenses of sexual
harassment, sexual assault, domestic violence, dating violence, and stalking, and is defined as:
Conduct on the basis of sex/gender or that is sexual that satisfies one ormore of the following:

Quid Pro Quo:a. an employee of the University,b. conditions (implicitly or explicitly) the provision of an aid, benefit, orservice of the University,c. on an individual’s participation in unwelcome sexual conduct.

Sexual Harassment:
a. unwelcome conduct,b. determined by a reasonable person,
c.
d.
e.
f.

to be so severe, andpervasive, and,objectively offensive,that it effectively denies a person equal access to the University’s education program or activity.

Unwelcomeness is subjective and determined by the Complainant (except when the
Complainant is younger than the age of consent). Severity, pervasiveness, and objective offensiveness are evaluated based on the totality of the circumstances from theperspective of a reasonable person in the same or similar circumstances (“in the shoesof the Complainant”), including the context in which the alleged incident occurred andany similar, previous patterns that may be evidenced.

Sexual Assault, defined as:a) Sex Offenses, Forcible:○ Any sexual act directed against another person,
A "sexual act” is specifically defined by federal regulations to include one ormore of the following:
Forcible Rape:○ Penetration,○ no matter how slight,○ of the vagina or anus with any body part or object, or○ oral penetration by a sex organ of another person,○ without the consent of the Complainant.
Forcible Sodomy:○ Oral or anal sexual intercourse with another person,○ forcibly,○ and/or against that person’s will (non-consensually), or○ not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age# or because of
temporary or permanent mental or physical incapacity.
Sexual Assault with an Object:○ The use of an object or instrument to penetrate,○ or not forcibly or against the person’s will in instances in which theComplainant is incapable of giving consent because of age or because of
temporary or permanent mental or physical incapacity.

○○

without the consent of the Complainant,including instances in which the Complainant is incapable of giving
consent.
b. Sex Offenses, Non-forcible:○ Incest:
i. Non-forcible sexual intercourse,
ii. between persons who are related to each other,iii. within the degrees wherein marriage is prohibited by the lawsof the relevant state in which the Ottawa University campus islocated.
○ Statutory Rape:i. Non-forcible sexual intercourse,
ii. with a person who is under the statutory age of consent of therelevant state law.

Dating Violence, defined as:
a.
b.
c.
d.

violence,
on the basis of sex,
committed by a person,
who is in or has been in a social relationship of a romantic or intimate
nature with the Complainant.
○ The existence of such a relationship shall be determined based on
the Complainant’s statement and with consideration of the lengthof the relationship, the type of relationship, and the frequency ofinteraction between the persons involved in the relationship. For the
purposes of this definition—○ Dating violence includes, but is not limited to, sexual or physicalabuse or the threat of such abuse.
○ Dating violence does not include acts covered under the definitionof domestic violence.

Domestic Violence, defined as:a. violence,b. on the basis of sex,c. committed by a current or former spouse or intimate partner of theComplainant,d. by a person with whom the Complainant shares a child in common, ore. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, orf. by a person similarly situated to a spouse of the Complainant under thedomestic or family violence laws of the relevant state in which the Ottawa University campus is located org. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violencelaws of the laws of the relevant state in which the Ottawa University
campus is located. *To categorize an incident as Domestic Violence,
the relationship between the Respondent and the Complainant must
be more than just two people living together as roommates. The people
cohabitating must be current or former spouses or have an intimate
relationship.

○ however slightly,

Stalking, defined as:○ the genital or anal opening of the body of another person,a. engaging in a course of conduct,b. on the basis of sex,c. directed at a specific person, that○ would cause a reasonable person to fear for the person’s safety, or○ the safety of others; or○ Suffer substantial emotional distress.
For the purposes of this definition—○ forcibly,○ and/or against that person’s will (non-consensually),○ or not forcibly or against the person’s will in instances in which theComplainant is incapable of giving consent because of age or because of
temporary or permanent mental or physical incapacity.
Forcible Fondling:○ The touching of the private body parts of another person (buttocks,
groin, breasts),○ for the purpose of sexual gratification,○ forcibly,○ and/or against that person’s will (non-consensually),i.

Course of conduct means two or more acts, including, but notlimited to, acts in which the Respondent directly, indirectly, or
through third parties, by any action, method, device, or means,follows, monitors, observes, surveils, threatens, or communi-cates to or about a person, or interferes with a person’s property.
ii. Reasonable person means a reasonable person under similar
circumstances and with similar identities to the Complainant.
iii. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical
or other professional treatment or counseling.
University reserves the right to impose any level of sanction, ranging from a
reprimand up to and including suspension or expulsion/termination, for any
offense under this policy.

Force, Coercion, Consent, and Incapacitation
As used in the offenses above, the following definitions and understandings
apply:
Force—Force is the use of physical violence and/or physical imposition to gain
sexual access. Force also includes threats, intimidation (implied threats),
and coercion that is intended to overcome resistance or produce consent(e.g., “Have sex with me or I’ll hit you,” “Okay, don’t hit me, I’ll do what you
want.”).
Sexual activity that is forced is, by definition, non-consensual, but nonconsensual sexual activity is not necessarily forced. Silence or the absenceof resistance alone is not consent. Consent is notdemonstrated by the absence of resistance. While resistance is not requiredor necessary, it is a clear demonstration of non-consent.

It is a defense to a sexual assault policy violation that the Respondent
neither knew nor should have known the Complainant to be physically or
mentally incapacitated. “Should have known” is an objective, reasonable
person standard that assumes that a reasonable person is both sober andexercising sound judgment.
Incapacitation occurs when someone cannot make rational, reasonabledecisions because they lack the capacity to give knowing/informed consent(e.g., to understand the “who, what, when, where, why, or how” of theirsexual interaction).
Incapacitation is determined through consideration of all relevant indicatorsof an individual’s state and is not synonymous with intoxication, impairment,
blackout, and/or being drunk.
This policy also covers a person whose incapacity results from a temporary
or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.

Other Civil Rights Offenses
In addition to the forms of sexual harassment described above, which arecovered by Title IX, the University additionally prohibits the following offenses
as forms of discrimination that may be within or outside of Title IX when theact is based upon the Complainant’s actual or perceived membership in a
protected class.
•

Coercion—Coercion is unreasonable pressure for sexual activity. Coercive
conduct differs from seductive conduct based on factors such as the type
and/or extent of the pressure used to obtain consent. When someone
makes clear that they do not want to engage in certain sexual activity, thatthey want to stop, or that they do not want to go past a certain point of sexualinteraction, continued pressure beyond that point can be coercive.
Consent is:• knowing, and• voluntary, and• clear permission• by word or action• to engage in sexual activity.
Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has
consented before engaging in the activity.
If consent is not clearly provided prior to engaging in the activity, consent
may be ratified by word or action at some point during the interaction or
thereafter, but clear communication from the outset is strongly encouraged.
For consent to be valid, there must be a clear expression in words or actions
that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you
can kiss them back (if you want to) without the need to explicitly obtain theirconsent to being kissed back.
Consent can also be withdrawn once given, as long as the withdrawal isreasonably and clearly communicated. If consent is withdrawn, that sexual
activity should cease within a reasonable time.
Consent to some sexual contact (such as kissing or fondling) cannot be
presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.
Proof of consent or non-consent is not a burden placed on either party
involved in an incident. Instead, the burden remains on the University todetermine whether its policy has been violated. The existence of consent isbased on the totality of the circumstances evaluated from the perspectiveof a reasonable person in the same or similar circumstances, including thecontext in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
Incapacitation—A person cannot consent if they are unable to understandwhat is happening or is disoriented, helpless, asleep, or unconscious, for any
reason, including by alcohol or other drugs. As stated above, a Respondent
violates this policy if they engage in sexual activity with someone who isincapable of giving consent.

•

•

•
•

Sexual Exploitation, defined as: taking non-consensual or abusive sexual
advantage of another for their own benefit or for the benefit of anyone
other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy. Examples of Sexual
Exploitation include, but are not limited to:o Sexual voyeurism (such as observing or allowing others to observe a
person undressing or using the bathroom or engaging in sexual acts,
without the consent of the person being observed)o Invasion of sexual privacy.
o Taking pictures, video, or audio recording of another in a sexual act,
or in any other sexually-related activity when there is a reasonable
expectation of privacy during the activity, without the consent of all
involved in the activity, or exceeding the boundaries of consent (suchas allowing another person to hide in a closet and observe sexual
activity, or disseminating sexual pictures without the photographedperson’s consent), including the making or posting of revenge pornographyo Prostituting another persono Engaging in sexual activity with another person while knowingly
infected with human immunodeficiency virus (HIV) or a sexuallytransmitted disease (STD) or infection (STI), without informing theother person of the infectiono Causing or attempting to cause the incapacitation of another person(through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, orfor the purpose of making that person vulnerable to non-consensual
sexual activity
o Misappropriation of another person’s identity on apps, websites, orother venues designed for dating or sexual connections
o Forcing a person to take an action against that person’s will bythreatening to show, post, or share information, video, audio, or animage that depicts the person’s nudity or sexual activity
o Knowingly soliciting a minor for sexual activityo Engaging in sex traffickingo Creation, possession, or dissemination or child pornography
Threatening or causing physical harm, extreme verbal, emotional, or
psychological abuse, or other conduct which threatens or endangers thehealth or safety of any person;
Discrimination, defined as actions that deprive, limit, or deny other members of the community of educational or employment access, benefits,
or opportunities;
Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
Hazing, defined as acts likely to cause physical or psychological harm orsocial ostracism to any person within the University community, whenrelated to the admission, initiation, pledging, joining, or any other groupaffiliation activity as defined further in the Hazing Policy;• Bullying, defined as:o Repeated and/or severeo Aggressive behavioro Likely to intimidate or intentionally hurt, control, or diminish anotherperson, physically and/or mentallyo That is not speech or conduct otherwise protected by the First
Amendment.
Violation of any other University policies may constitute a Civil Rights Offense
when a violation is motivated by actual or perceived membership in a protected class, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities. The Title IX Coordinator may find that a violation of a Civil Rights Offense under this policy does
not fall under Title IX and should be addressed through the Conduct process.
Sanctions for the above-listed Civil Rights Offenses range from reprimandthrough expulsion/termination.

RETALIATION
Protected activity under this policy includes reporting an incident that may
implicate this policy, participating in the grievance process, supporting aComplainant or Respondent, assisting in providing information relevant to an
investigation, and/or acting in good faith to oppose conduct that constitutes
a violation of this Policy.
Acts of alleged retaliation should be reported immediately to the Title IX
Coordinator and will be promptly investigated. The University will take all appropriate and available steps to protect individuals who fear that they may
be subjected to retaliation.
Ottawa University and any member of the University’s community areprohibited from taking or attempting to take materially adverse action by
intimidating, threatening, coercing, harassing, or discriminating against any
individual for the purpose of interfering with any right or privilege secured
by law or policy, or because the individual has made a report or complaint,
testified, assisted, orparticipated or refused to participate in any manner in an investigation,
proceeding, or hearing under this policy and procedure.
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceedingunder this policy and procedure does not constitute retaliation, provided thata determination regarding responsibility, alone, is not sufficient to conclude
that any party has made a materially false statement in bad faith.

MANDATED REPORTING
All University employees (faculty, staff, coaches, administrators) are expected to report actual or suspected discrimination or harassment to appropriate
officials immediately, though there are some limited exceptions.
In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus
resources. On campus, some resources may maintain confidentiality andare not required to report actual or suspected discrimination or harassment.
They may offer options and resources without any obligation to inform an
outside agency or campus official unless a Complainant has requested theinformation be shared.
If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to reportcrimes and/or policy violations, and these employees will immediately passreports to the Title IX Coordinator (and/or police, if desired by the Complainant), who will take action when an incident is reported to them.
The following sections describe the reporting options at the University for aComplainant or third-party (including parents/guardians when appropriate):
Confidential Resources
If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with:OUKS Students•

Onsite counseling services: Kelsey Foss, Director of the Ottawa, Kansas
Counseling Services at: 785-248-2582/ Kelsey.foss@ottawa.edu•

Off-campus advocates with onsite office hours: The Care Center, 785843-8985/www.stacarecenter.org; The Willow Domestic Violence Center; 785-242-6300/24-hour hotline: 785-843-3333/franklincounty@
willowdvcenter.org

OUAZ Students•

Please contact the Office of Student Life for information on counselingservices.

All Students and Employees•

Chaplain John Holtzhuter: 785-248-2334/john.holtzhuter@ottawa.edu

Employees•

Employee Assistance Program (EAP), New Directions: www.ndbh.com/800-624-5544, participant code is ottawau.

All of the above-listed individuals will maintain confidentiality when acting
under the scope of their licensure, professional ethics, and/or professional
credentials, except in extreme cases of immediacy of threat or danger orabuse of a minor/elder/individual with a disability, or when required to disclose by law or court order.
Campus counselors and the Employee Assistance Program are available tohelp free of charge and may be consulted on an emergency basis during
normal business hours.
Employees who are confidential and who receive reports within the scope of
their confidential roles will timely submit anonymous statistical information
for Clery Act purposes unless they believe it would be harmful to their client,patient, or parishioner.
Anonymous Notice to Mandated Reporters
At the request of a Complainant, notice may be given by a Mandated Reporter to the Title IX Coordinator anonymously, without identification of the Complainant. The Mandated Reporter cannot remain anonymous themselves.
The Mandated Reporter must inform the Complainant that, if they requestthat a Mandated Reporter maintain the Complainant’s anonymity, they cannot guarantee that the Complainant will remain anonymous. The Mandated
Reporter may need to provide the name and details of the report if theyreasonable to believe that a compelling threat to health or safety could exist. The Mandated Reporter can consult with the Title IX Coordinator on thatassessment without revealing personally identifiable information.
Anonymous notice will be investigated by the University to the extent possible, both to assess the underlying allegation(s) and to determine if supportive measures or remedies can be provided.
However, anonymous notice typically limits the University’s ability to investigate, respond, and provide remedies, depending on what information isshared.
When a Complainant has made a request for anonymity, the Complainant’s
personally identifiable information may be withheld by a Mandated Reporter,
but all other details must be shared with the Title IX Coordinator. Mandated
reporters may not be able to maintain requests for anonymity for Complainants who are minors, elderly, and/or disabled, depending on state reportingof abuse requirements.
Mandated Reporters and Formal Notice/Complaints
All employees of the University (including student employees), with the
exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX Coordinator all
known details of a report made to them in the course of their employment.
Employees must also promptly share all details of behaviors under this policythat they observe or have knowledge of, even if not reported to them by aComplainant or third-party.
Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as thosedetails must be shared with the Title IX Coordinator.
Generally, disclosures in climate surveys, classroom writing assignments or
discussions, human subjects research, or at events such as “Take Back theNight” marches or speak-outs do not provide notice that must be reported
to the Coordinator by employees, unless the Complainant clearly indicatesthat they desire a report to be made or a seek a specific response from the
University.

Supportive measures may be offered as the result of such disclosures without formal University action.

timely warnings for incidents reported to them that pose a serious or continuing threat of bodily harm or danger to members of the campus community.

Failure of a Mandated Reporter, as described above in this section, to reportan incident of harassment or discrimination of which they become aware
is a violation of University policy and can be subject to disciplinary action,
including termination, for failure to comply.

The University will ensure that a Complainant’s name and other identifying
information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

Though this may seem obvious, when a Mandated Reporter is engaged inharassment or other violations of this policy, they still have a duty to reporttheir own misconduct, though the University is technically not on noticewhen a harasser is also a Mandated Reporter unless the harasser does infact report themselves.

FALSE ALLEGATIONS AND EVIDENCE
Deliberately false and/or malicious accusations under this policy are a serious offense and will be subject to appropriate disciplinary action. This does
not include allegations that are made in good faith but are ultimately shown
to be erroneous or do not result in a policy violation determination.

Finally, it is important to clarify that a Mandated Reporter who is themselves
a target of harassment or other misconduct under this policy is not required
to report their own experience, though they are, of course, encouraged to
do so.

Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation can be subject to discipline under University policy.

WHEN A COMPLAINANT DOES NOT WISH TO PROCEEDThe University community encourages the reporting of misconduct andcrimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to University officials or participate in grievanceprocesses because they fear that they themselves may be in violation ofcertain policies, such as underage drinking or use of illicit drugs at the timeof the incident. Respondents may hesitate to be forthcoming during theprocess for the same reasons.

If a Complainant does not wish for their name to be shared, does not wish
for an investigation to take place, or does not want a formal complaint to be
pursued, they may make such a request to the Title IX Coordinator, who will
evaluate that request in light of the duty to ensure the safety of the campus
and to comply with state or federal law.
The Title IX Coordinator has ultimate discretion over whether the University
proceeds when the Complainant does not wish to do so, and the Title IX Coordinator may sign a formal complaint to initiate a grievance process uponcompletion of an appropriate violence risk assessment.
The Title IX Coordinator’s decision should be based on results of the violencerisk assessment that show a compelling risk to health and/or safety that
requires the University to pursue formal action to protect the community.
A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of
weapons, and/or violence. Universities may be compelled to act on alleged
employee misconduct irrespective of a Complainant’s wishes.
The Title IX Coordinator must also consider the effect that non-participationby the Complainant may have on the availability of evidence and the University’s ability to pursue a Formal Grievance Process fairly and effectively.
When the Title IX Coordinator executes the written complaint, they do not
become the Complainant. The Complainant is the individual who is alleged
to be the victim of conduct that could constitute a violation of this policy.
When the University proceeds, the Complainant (or their Advisor) may haveas much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of theirlevel of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout
the process, acting to ensure and protect the rights of the Complainant,though this does not extend to the provision of evidence or testimony.
Note that the University’s ability to remedy and respond to notice may belimited if the Complainant does not want the University to proceed with aninvestigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the
University’s obligation to protect its community.
In cases in which the Complainant requests confidentiality/no formal action
and the circumstances allow the University to honor that request, the University will offer informal resolution options (see below), supportive measures,and remedies to the Complainant and the community, but will not otherwise
pursue formal action.
If the Complainant elects to take no action, they can change that decision if
they decide to pursue a formal complaint at a later date. Upon making a formal complaint, a Complainant has the right, and can expect, to have allegations taken seriously by the University, and to have the incidents investigatedand properly resolved through these procedures. Please consider that delays
may cause limitations on access to evidence, or present issues with respect
to the status of the parties.

FEDERAL TIMELY WARNING OBLIGATIONSParties reporting sexual assault, domestic violence, dating violence, and/or
stalking should be aware that under the Clery Act, the University must issue

AMNESTY FOR COMPLAINANTS AND WITNESSESIt is in the best interests of the University community that Complainants
choose to report misconduct to University officials, that witnesses comeforward to share what they know, and that all parties be forthcoming during
the process.
To encourage reporting and participation in the process, the University maintains a policy of offering parties and witnesses amnesty from minor policy
violations – such as underage consumption of alcohol or the use of illicit
drugs – related to the incident.
Amnesty does not apply to more serious allegations such as physical abuseof another or illicit drug distribution. The decision not to offer amnesty isbased on neither sex nor gender, but on the fact that collateral misconduct
is typically addressed for all students within a progressive discipline system,and the rationale for amnesty – the incentive to report serious misconduct –is rarely applicable to Respondent with respect to a Complainant.
Please note that, under these Amnesty provisions, the University may provide
purely educational options with no official disciplinary finding, rather thanpunitive sanctions, to those who offer their assistance to others in need.

FEDERAL STATISTICAL REPORTING OBLIGATIONS
Certain campus officials – those deemed Campus Security Authorities –have a duty to report the following for federal statistical reporting purposes(Clery Act):a) All “primary crimes,” which include homicide, sexual assault, robbery,
aggravated assault, burglary, motor vehicle theft, and arson;b) Hate crimes, which include any bias-motivated primary crime as wellas any bias motivated larceny or theft, simple assault, intimidation, or
destruction/damage/vandalism of property;c) VAWA-based crimes,which include sexual assault, domestic violence,
dating violence, and stalking; andVAWA is the Violence Against Women Act, enacted in 1994 codified in part at 42
U.S.C. sections 13701 through 14040.

d) Arrests and referrals for disciplinary action for weapons-related law violations, liquor-related law violations, and drug abuse-related law violations.
All personally identifiable information is kept private, but statistical information must be shared with Campus Security at the residential campuses or
the Campus Manager at the adult campuses, regarding the type of incident
and its general location (on or off-campus or in the surrounding area, but noaddresses are given) for publication in the Annual Security Report and daily
campus crime log.
Campus Security Authorities include: student affairs/student conduct staff,
Campus Security, coaches, athletic directors, residence life staff, student
activities staff, human resources staff, advisors to student organizations,and any other official with significant responsibility for student and campus
activities.

PRESERVATION OF EVIDENCE
The preservation of evidence in incidents of sexual assault is critical topotential criminal prosecution and to obtaining restraining orders, andparticularly time-sensitive. The University will inform the Complainant of theimportance of preserving evidence by taking the following actions:••

1. Seek forensic medical assistance at the nearest hospital, ideally within
120 hours of the incident (sooner is better)
2. Avoid showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do
3. Try not to urinate
4. If oral sexual contact took place, refrain from smoking, eating, drinking,or brushing teeth.
5. If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence)
6. Seeking medical treatment can be essential even if it is not for the purposes of collecting forensic evidence.
During the initial meeting between the Complainant and the Title IX Coordinator, the importance of taking these actions will be reiterated, if timely.

INTERIM RESOLUTION PROCESSFOR ALLEGED VIOLATIONS OF THE POLICY
Overview
The University will act on any formal or informal notice/complaint of violationof Policy Against Sexual Discrimination and Harassment (“the Policy”) that isreceived by the Title IX Coordinator
The procedures below apply to qualifying allegations of sexual discrimination and harassment (including sexual assault, dating violence, domestic
violence, and stalking, as defined above) involving students, staff, administrator, or faculty members.
The procedures below may be used to address collateral misconduct arisingfrom the investigation of or occurring in conjunction with reported misconduct (e.g., vandalism, physical abuse of another). All other allegations of
misconduct unrelated to incidents covered by the Policy will be addressed
through procedures described in the student, faculty, and staff handbooks.
Notice/Complaint

The Title IX Coordinator works with the Complainant to ensure they areaware of the right to have an Advisor.
The Title IX Coordinator works with the Complainant to determine
whether the Complainant prefers a supportive and remedial response,
an informal resolution option, or a formal investigation and grievanceprocess.
o If a supportive and remedial response is preferred, the Title IX
Coordinator works with the Complainant to identify their wishes,assesses the request, and implements accordingly. No Formal
Grievance Process is initiated, though the Complainant can elect toinitiate one later, if desired.
o If an informal resolution option is preferred, the Title IX Coordinatorassesses whether the complaint is suitable for informal resolution
and may seek to determine if the Respondent is also willing to engage in informal resolution.
o If a Formal Grievance Process is preferred, the Title IX Coordinator
determines if the misconduct alleged falls within the scope of Title
IX:▪ If it does, the Title IX Coordinator will initiate the formal investigation and grievance process, directing the investigation toaddress:▪ an incident, and/or▪ a pattern of alleged misconduct▪ If it does not, the Title IX Coordinator determines that Title
IX does not apply and will “dismiss” that aspect of the complaint, if any), assesses which policies may apply, and mayrefer the matter for resolution under other policies such as
the code of conduct Please note that dismissing a complaint
under Title IX is solely a procedural requirement under Title
IX and does not limit the University’s authority to address acomplaint with an appropriate process and remedies.

If circumstances require, the President or Title IX Coordinator will designate anotherperson to oversee the process below should an allegation be made about the Coordinator or the Coordinator be otherwise unavailable or unable to fulfill their duties.

Violence Risk Assessment

Upon receipt of a complaint or notice to the Title IX Coordinator of an alleged
violation of the Policy, the Title IX Coordinator initiates a prompt initial assessment to determine the next steps the University needs to take.

In many cases, the Title IX Coordinator may determine that a Violence Risk
Assessment (VRA) should be conducted by the Behavioral Intervention Team
(BIT) as part of the initial assessment. A VRA can aid in ten critical and/or
required determinations, including:

The Title IX Coordinator will initiate at least one of three responses:•

1. Offering supportive measures because the Complainant does not wantto file a formal complaint; and/or
2. An informal resolution (upon submission of a formal complaint); and/or
3. A Formal Grievance Process including an investigation and a hearing(upon submission of a formal complaint).
The University uses the Formal Grievance Process to determine whether or
not the Policy has been violated. If so, the University will promptly implement
effective remedies designed to ensure that it is not deliberately indifferent
to harassment or discrimination, their potential recurrence, or their effects.
Initial Assessment
Following receipt of notice or a complaint of an alleged violation of this Policy,
the Title IX Coordinator engages in an initial assessment, typically within one
to five business days. The steps in an initial assessment can include:•••

If notice is given, the Title IX Coordinator seeks to determine if the person
impacted wishes to make a formal complaint, and will assist them to doso, if desired.
o If they do not wish to do so, the Title IX Coordinator determines
whether to initiate a complaint because a violence risk assessment
indicates a compelling threat to health and/or safety.
If a formal complaint is received, the Title IX Coordinator assesses its
sufficiency and works with the Complainant to make sure it is correctly
completed.
The Title IX Coordinator reaches out to the Complainant to offer supportive measures.

Emergency removal of a Respondent on the basis of immediate threat
to physical health/safety;• Whether the Title IX Coordinator should pursue/sign a formal complaint
absent a willing/able Complainant;• Whether to put the investigation on the footing of incident and/or pattern
and/or climate;• To help identify potential predatory conduct;• To help assess/identify grooming behaviors;• Whether it is reasonable to try to resolve a complaint through informal
resolution, and what modality may be most successful;• Whether to permit a voluntary withdrawal by the Respondent;• Whether to impose transcript notation or communicate with a transfer
University about a Respondent;• Assessment of appropriate sanctions/remedies (to be applied posthearing); and/or• Whether a Clery Act Timely Warning/Trespass order/Persona-non-grata
is needed.
Threat assessment is the process of evaluating the actionability of violenceby an individual against another person or group following the issuance ofa direct or conditional threat. A VRA is a broader term used to assess any
potential violence or danger, regardless of the presence of a vague, conditional, or direct threat.
VRAs require specific training and are typically conducted by school counselors, academic advisors, law enforcement officers and/or campus security, student conduct officers, coaches, compliance officers, or other BIT
members. A VRA authorized by the Title IX Coordinator should occur in collaboration with the BIT. Where a VRA is required by the Title IX Coordinator, aRespondent refusing to cooperate may result in a charge of failure to comply
within the appropriate student or employee conduct process.

roles, such as being a Title IX administrator who has an active role in the matter, or asupervisor who must monitor and implement sanctions.

A VRA is not an evaluation for an involuntary behavioral health hospitalization, nor is it a psychological or mental health assessment. A VRA assesses
the risk of actionable violence, often with a focus on targeted/predatory escalations, and is supported by research from the fields of law enforcement,
criminology, human resources, and psychology.

Choosing an Advisor who is also a witness in the process creates potential
for bias and conflict-of-interest. A party who chooses an Advisor who is also
a witness can anticipate that issues of potential bias will be explored by thehearing Decision-maker(s).

Dismissal (Mandatory and Discretionary)
The University must dismiss a formal complaint or any allegations therein if,
at any time during theinvestigation or hearing, it is determined that:•

The conduct alleged in the formal complaint would not constitute sexual
harassment as defined above, even if proved; and/or• The conduct did not occur in an educational program or activity controlled by the University (including buildings or property controlled byrecognized student organizations), and/or the University does not havecontrol of the Respondent; and/or• The conduct did not occur against a person in the United States; and/or• At the time of filing a formal complaint, a complainant is not participatingin or attempting to participate in the education program or activity of the
University. Note that a Complainant is still entitled to supportive measures even when the formal grievance process is no longer applicable.
The University may dismiss a formal complaint or any allegations therein if,
at any time during the investigation or hearing:

The University may permit parties to have more than one Advisor upon special request to the Title IX Coordinator. The decision to grant this request is
at the sole discretion of the Title IX Coordinator and will be granted equitably
to all parties, on a case-by-case basis.

Who Can Serve as an Advisor
The Advisor may be a friend, mentor, family member, attorney, or any otherindividual a party chooses to advise, support, and/or consult with themthroughout the resolution process. The parties may choose Advisors frominside or outside of the University community.
The Title IX Coordinator will also offer to assign a trained Advisor for any party
if the party so chooses. If the parties choose an Advisor from the pool available from the University, the Advisor will be trained by the University and be
familiar with the University’s resolution process.
If the parties choose an Advisor from outside the pool of those identified by
the University, the Advisor may not have been trained by the University andmay not be familiar with University policies and procedures.
Parties also have the right to choose not to have an Advisor in the initialstages of the resolution process, prior to a hearing.

A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the formal complaint or any allegations
therein; or• The Respondent is no longer enrolled in or employed by the University;or• Specific circumstances prevent the University from gathering evidence
sufficient to reach a determination as to the formal complaint or allegations therein.
Upon any dismissal, the University will promptly send written notice of thedismissal and the rationale for doing so simultaneously to the parties.

Advisor’s Role in Meetings and Interviews

This dismissal decision is appealable by any party under the procedures forappeal below. [The decision not to dismiss is also appealable by any party
claiming that a dismissal is required or appropriate.] A Complainant who
decides to withdraw a complaint may later request to reinstate it or refile it.

Advisors in Hearings/University-Appointed Advisor•

Counterclaims
The University is obligated to ensure that the grievance process is notabused for retaliatory purposes. The University permits the filing of counterclaims but uses an initial assessment, described above, to assess whether
the allegations in the counterclaim are made in good faith. Counterclaims
by a Respondent may be made in good faith, but are, on occasion, made forpurposes of retaliation, instead. Counterclaims made with retaliatory intent
will not be permitted.
Counterclaims determined to have been reported in good faith will be processed using the grievance procedures below. Investigation of such claims
may take place after resolution of the underlying initial allegation, in whichcase a delay may occur.
Counterclaims may also be resolved through the same investigation as theunderlying allegation, at the discretion of the Title IX Coordinator. Whencounterclaims are not made in good faith, they will be considered retaliatory
and may constitute a violation of this policy.
Right to an Advisor
The parties may each have an Advisor* of their choice present with them forall meetings, interviews, and hearings within the resolution process, if theyso choose. The parties may select whoever they wish to serve as their Advisor
as long as the Advisor is eligible and available**.
*This could include an attorney, advocate, or support person. Typically, the University
allows for one Advisor for each party (witnesses are not entitled to Advisors within theprocess, though they can be advised externally). However, in some circumstances, theUniversity may permit an advisor and advocate for all parties.
** “Available” means the party cannot insist on an Advisor who simply doesn’t have
inclination, time, or availability. Also, the Advisor cannot have institutionally conflicting

The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake andinterviews. Advisors should help the parties prepare for each meeting andare expected to advise ethically, with integrity, and in good faith.
The University cannot guarantee equal Advisory rights, meaning that if one
party selects an Advisor who is an attorney, but the other party does notor cannot afford an attorney, the University is not obligated to provide anattorney.

Under U.S. Department of Education regulations under Title IX, a form of
indirect questioning is required during the hearing but must be conducted by
the parties’ Advisors. The parties are not permitted to directly question eachother or any witnesses. If a party does not have an Advisor for a hearing, theUniversity will appoint a trained Advisor for the limited purpose of conducting
any questioning of the other party and witnesses.
A party may reject this appointment and choose their own Advisor, but they
may not proceed without an Advisor. If the party’s Advisor will not conduct
questioning, the University will appoint an Advisor who will do so thoroughly,
regardless of the participation or non-participation of the advised party inthe hearing itself. Extensive questioning of the parties and witnesses will
also be conducted by the Decision-maker(s) during the hearing.

Advisor’s Role in Meetings and Interviews
The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake andinterviews. Advisors should help the parties prepare for each meeting andare expected to advise ethically, with integrity, and in good faith.
The University cannot guarantee equal Advisory rights, meaning that if one
party selects an Advisor who is an attorney, but the other party does notor cannot afford an attorney, the University is not obligated to provide anattorney.

Pre-Interview Meetings
Advisors may request to meet with the administrative officials conducting
interviews/meetings in advance of these interviews or meetings. This premeeting allows Advisors to clarify and understand their role and the University’s policies and procedures.

Advisor Violations of University Policy••

All Advisors are subject to the same University policies and procedures,
whether they are attorneys or not. Advisors are expected to advise theiradvisees without disrupting proceedings.
The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the resolution process. Although
the Advisor generally may not speak on behalf of their advisee, the Advisor
may consult with their advisee, either privately as needed, or by conferring or
passing notes during any resolution process meeting or interview. For longer
or more involved discussions, the parties and their Advisors should ask forbreaks to allow for private consultation.
Any Advisor who oversteps their role as defined by this policy will be warned
only once. If the Advisor continues to disrupt or otherwise fails to respect
the limits of the Advisor role, the meeting will be ended, or other appropriate
measures implemented. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

Sharing Information with the Advisor
The University expects that the parties may wish to have the University share
documentation and evidence related to the allegations with their Advisors.
Parties may share this information directly with their Advisor or other individuals if they wish. Doing so may help the parties participate more meaningfully in the resolution process.
The University also provides a consent form that authorizes the University
to share such information directly with their Advisor. The parties must either
complete and submit this form to the Title IX Coordinator or provide similar
documentation demonstrating consent to a release of information to theAdvisor before University is able to share records with an Advisor.
If a party requests that all communication be made through their attorney
Advisor, the University will comply with that request at the discretion of the
Title IX Coordinator.

Privacy of Records Shared with Advisor
Advisors are expected to maintain the privacy of the records shared withthem. [These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the University. The
University may seek to restrict the role of any Advisor who does not respect
the sensitive nature of the process or who fails to abide by the University’s
privacy expectations.

Expectations of an Advisor
The University generally expects an Advisor to adjust their schedule to allow
them to attend University meetings when planned but may change scheduled meetings to accommodate an Advisor’s inability to attend, if doing sodoes not cause an unreasonable delay.
The University may also make reasonable provisions to allow an Advisor who
cannot attend in person to attend a meeting by telephone, video conferencing, or other similar technologies as may be convenient and available.

Expectations of the Parties with Respect to Advisors
A party may elect to change Advisors during the process and is not obligatedto use the same Advisor throughout. The parties are expected to inform theInvestigator(s) of the identity of their Advisor at least two (2) business days
before the date of their first meeting with Investigators (or as soon as possible if a more expeditious meeting is necessary or desired).
The parties are expected to provide timely notice to the Title IX Coordinator ifthey change Advisors at any time. It is assumed that if a party changes Advisors, consent to share information with the previous Advisor is terminated,
and a release for the new Advisor must be secured. Parties are expected to
inform the Title IX Coordinator of the identity of their hearing Advisor at least
two (2) business days before the hearing.

Assistance in Securing an Advisor
The Title IX Coordinator can assist in securing an Advisor for either party.
Additionally, the following resources may be helpful:
Respondents may wish to contact organizations such as:

FACE (http://www.facecampusequality.org)
SAVE (http://www.saveservices.org).

Complainants may wish to contact organizations such as:• The Victim Rights Law Center (http://www.victimrights.org),• The National Center for Victims of Crime (http://www.victimsofcrime.org), which maintains the Crime Victim’s Bar Association.
• The Time’s Up Legal Defense Fund: https://nwlc.org/times-up-legaldefense-fund/At the Ottawa, Kansas campus, Complainants may wish to contact:• The Care Center: http://www.stacarecenter.org or call 785-8438985• The Willow Domestic Violence Center: email FranklinCounty@willowdvcenter.org or call 785-242-6300
Resolution Processes
Resolution proceedings are private. All persons present at any time during
the resolution process are expected to maintain the privacy of the proceedings in accordance with University policy. Although there is an expectationof privacy around what Investigators share with parties during interviews,
the parties have discretion to share their own knowledge and evidence withothers if they so choose, with the exception of information the parties agree
not to disclose related to Informal Resolution, discussed below. Ottawa University encourages parties to discuss any sharing of information with their
Advisors before doing so.

Informal Resolution
Informal Resolution can include three different approaches:•

When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) to remedy the situation.
• When the parties agree to resolve the matter through an alternate resolution mechanism as described below, including mediation, restorative
practices, etc., usually before a formal investigation takes place; seediscussion in b., below.
• When the Respondent accepts responsibility for violating policy, anddesires to accept a sanction and end the resolution process (similar toabove, but usually occurs post-investigation); see discussion in c., below.
To initiate Informal Resolution, a Complainant needs to submit a formal
complaint, as defined above. A Respondent who wishes to initiate Informal
Resolution should contact the Title IX Coordinator.
It is not necessary to pursue Informal Resolution first in order to pursue a
Formal Grievance Process, and any party participating in Informal Resolution
can stop the process at any time and begin or resume the Formal Grievance
Process.
Prior to implementing Informal Resolution, the University will provide theparties with written notice ofthe reported misconduct and any sanctions or measures that may result
from participating in such a process, including information regarding any
records that will be maintained or shared by the University.
The University will obtain voluntary, written confirmation that all parties wish
to resolve the matter through Informal Resolution before proceeding and will
not pressure the parties to participate in Informal Resolution.

Alternate Resolution Mechanism
Alternate Resolution is an informal mechanism, including mediation or
restorative practices, etc., by which the parties reach a mutually agreed
upon resolution of an allegation. All parties must consent to the use of an
Alternate Resolution mechanism.
The Title IX Coordinator may look to the following factors to assess whether
Alternate Resolution is appropriate, or which form of Alternate Resolution
may be most successful for the parties:••••

The parties’ amenability to Alternate Resolution;
Likelihood of potential resolution, taking into account any power dynamics between the parties;
The parties’ motivation to participate;
Civility of the parties;

•
•
•
•
•
•
•
•
•

Results of a violence risk assessment/ongoing risk analysis;
Disciplinary history;
Whether an emergency removal is needed;
Skill of the Alternate Resolution facilitator with this type of allegation;
Complaint complexity;
Emotional investment/capability of the parties;
Rationality of the parties;
Goals of the parties;
Adequate resources to invest in Alternate Resolution (time, staff, etc.)

The ultimate determination of whether Alternate Resolution is available orsuccessful is to be made by the Title IX Coordinator. The Title IX Coordinator
maintains records of any resolution that is reached, and failure to abide by
the resolution agreement may result in appropriate responsive/disciplinary
actions. Results of complaints resolved by Informal Resolution or Alternate
Resolution are not appealable.

Respondent Accepts Responsibility for Alleged Violations
The Respondent may accept responsibility for all or part of the alleged policy
violations at any point during the resolution process. If the Respondent
indicates an intent to accept responsibility for all of the alleged misconduct,
the formal process will be paused, and the Title IX Coordinator will determine
whether Informal Resolution can be used according to the criteria above.

Pool Member Appointment
The Title IX Coordinator, in consultation with the Executive Vice President/
CFO and Director of Human Resources, appoints the Pool, which acts withindependence and impartiality. Members of the Pool are typically trained in avariety of skill sets and can rotate amongst the different roles listed above in
different cases, sometimes using others as substitutes or to provide greater
depth of experience when necessary. This process of role assignment may
be the result of particular skills, aptitudes, or talents identified in membersof the Pool that make them best suited to particular roles.

Pool Member Training
The Pool members receive annual training based on their respective roles.
This training includes, as applicable to their position, but is not limited to:
•
•
•
•
•

The scope of the University’s Discrimination and Harassment Policy andProcedures
How to conduct investigations and hearings that protect the safety ofComplainants and Respondents, and promote accountability
Implicit bias
Disparate treatment and impact
Reporting, confidentiality, and privacy requirements

The Formal Grievance Process relies on a pool of administrators (“the Pool”)
to carry out the process. Members of the Pool are announced in an annual
distribution of this policy to all students, parents/guardians of students,
employees, prospective students, and prospective employees.

Applicable laws, regulations, and federal regulatory guidance
How to implement appropriate and situation-specific remedies
How to investigate in a thorough, reliable, and impartial manner
How to uphold fairness, equity, and due process
How to weigh evidence
How to conduct questioning
How to assess credibility
Impartiality and objectivity
How to render findings and generate clear, concise, evidence-based
rationales• The definitions of all offenses• How to apply definitions used by the University with respect to consent(or the absence or negation of consent) consistently, impartially, and inaccordance with policy• How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes• How to serve impartially by avoiding prejudgment of the facts at issue,
conflicts of interest, and bias
• Any technology to be used at a live hearing• Issues of relevance of questions and evidence• Issues of relevance to create an investigation report that fairly summarizes relevant evidence• How to determine appropriate sanctions in reference to all forms ofharassment, discrimination, and/or retaliation allegations• Recordkeeping
Specific training is also provided for Appeal Decision-makers, intake personnel, Advisors (who are University employees), and Chairs. The materials used
to train all members of the Pool are publicly posted on the University website.

Pool Member Roles

Pool Membership

Members of the Pool are trained annually, and can serve in in the following
roles, at the direction of the Title IX Coordinator:

The Pool typically includes members from:If Informal Resolution is applicable, the Title IX Coordinator will determine
whether all parties and the University are able to agree on responsibility,
sanctions, and/or remedies. If so, the Title IX Coordinator implements theaccepted finding that the Respondent is in violation of University policy andimplements agreed-upon sanctions and/or remedies, in coordination withother appropriate administrator(s), as
necessary.
This result is not subject to appeal once all parties indicate their written assent to all agreed upon terms of resolution. When the parties cannot agree
on all terms of resolution, the Formal Grievance Process will resume at the
0same point where it was paused.
When a resolution is accomplished, the appropriate sanction or responsive
actions are promptly implemented in order to effectively stop the harassment or discrimination, prevent its recurrence, and remedy the effects ofthe discriminatory conduct, both on the Complainant and the community.

Negotiated Resolution
The Title IX Coordinator, with the consent of the parties, may negotiate andimplement an agreement to resolve the allegations that satisfies all parties
and the University. Negotiated Resolutions are not appealable.
Grievance Process Pool•

To provide appropriate intake of and initial guidance pertaining to complaints••

To act as an Advisor to the parties
To serve in a facilitation role in Informal Resolution or Alternate Resolution if appropriately trained in appropriate resolution modalities (e.g.,
mediation, restorative practices
To investigate complaints
To serve as a hearing facilitator (process administrator, no decisionmaking role)
To serve as a Decision-maker regarding the complaint
To serve as an Appeal Decision-maker

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Academic Affairs administration and/or faculty
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Human Resources
Athletics

Pool members are usually appointed to three-year terms. Individuals whoare interested in serving in the Pool are encouraged to contact the Title IX
Coordinator.
Formal Grievance Process: Notice of Investigation and Allegations
The Title IX Coordinator will provide written notice of the investigation andallegations (the “NOIA”) to the Respondent upon commencement of the Formal Grievance Process. This facilitates the Respondent’s ability to prepare

for the interview and to identify and choose an Advisor to accompany them.
The NOIA is also copied to the Complainant, who is to be given advancenotice of when the NOIA will be delivered to the Respondent.
The NOIA will include:
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A meaningful summary of all of allegations,
The identity of the involved parties (if known),
The precise misconduct being alleged,
The date and location of the alleged incident(s) (if known),
The specific policies implicated,
A description of the applicable procedures,
A statement of the potential sanctions/responsive actions that could
result,• A statement that the University presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports
a different determination,• A statement that determinations of responsibility are made at the conclusion of the process and that the parties will be given an opportunity
to inspect and review all directly related, and/or relevant evidence obtained during the review and comment period,• A statement about the University’s policy on retaliation,• Information about the privacy of the process,• Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor,• A statement informing the parties that the University’s Policy prohibits
knowingly making false statements, including knowingly submitting false
information during the resolution process,• Detail on how the party may request disability accommodations during
the interview process,• A link to the University’s VAWA Brochure,• The name(s) of the Investigator(s), along with a process to identify, inadvance of the interview process, to the Title IX Coordinator any conflictof interest that the Investigator(s) may have, and• An instruction to preserve any evidence that is directly related to theallegations.
Amendments and updates to the NOIA may be made as the investigation
progresses and more information becomes available regarding the addition
or dismissal of various charges.
Notice will be made in writing and may be delivered by one or more of thefollowing methods: in person or emailed to the parties’ University-issued
email. Once emailed and/or received in-person, notice will be presumptively
delivered.
Resolution Timeline
The University will make a good faith effort to complete the resolution
process within a sixty-to-ninety (60-90) business day time period, including
appeal, which can be extended as necessary for appropriate cause by the
Title IX Coordinator, who will provide notice and rationale for any extensions
or delays to the parties as appropriate, as well as an estimate of how muchadditional time will be needed to complete the process.
Appointment of Investigators
Once the decision to commence a formal investigation is made, the Title IX
Coordinator appoints Pool members to conduct the investigation (typicallyusing a team of two Investigators), usually within two (2) business days ofdetermining that an investigation should proceed.
Ensuring Impartiality

portable. If so, another Pool member will be assigned and the impact of
the bias or conflict, if any, will be remedied. If the source of the conflict ofinterest or bias is the Title IX Coordinator, concerns should be raised with
the Executive Vice President, Clark Ribordy, who can be reached by email at:
Clark.ribordy@ottawa.edu.
The Formal Grievance Process involves an objective evaluation of all relevant
evidence obtained, including evidence that supports that the Respondent
engaged in a policy violation and evidence that supports that the Respondent did not engage in a policy violation. Credibility determinations may not
be based solely on an individual’s status or participation as a Complainant,Respondent, or witness.
The University operates with the presumption that the Respondent is not
responsible for the reported misconduct unless and until the Respondent isdetermined to be responsible for a policy violation by the applicable standardof proof.
Investigation Timeline
Investigations are completed expeditiously, normally within thirty (30) business days, though some investigations may take weeks or even months, depending on the nature, extent, and complexity of the allegations, availabilityof witnesses, police involvement, etc.
The University will make a good faith effort to complete investigations as
promptly as circumstances permit and will communicate regularly with theparties to update them on the progress and timing of the investigation.
Delays in the Investigation Process
and Interactions with Law Enforcement
The University may undertake a short delay in its investigation (several days
to a few weeks) if circumstances require. Such circumstances include but
are not limited to: a request from law enforcement to temporarily delay theinvestigation, the need for language assistance, the absence of parties and/or witnesses, and/or accommodations for disabilities or health conditions.
The University will communicate in writing the anticipated duration of thedelay and reason to the parties and provide the parties with status updates
if necessary. The University will promptly resume its investigation and resolution process as soon as feasible. During such a delay, the University will
implement supportive measures as deemed appropriate.
University action(s) or processes are not typically altered or precluded on
the grounds that civil or criminal charges involving the underlying incident(s)have been filed or that criminal charges have been dismissed or reduced.
Steps in the Investigation Process
All investigations are thorough, reliable, impartial, prompt, and fair. Investigations involve interviews with all relevant parties and witnesses; obtaining
available, relevant evidence; and identifying sources of expert information,
as necessary.
All parties have a full and fair opportunity, through the investigation process,to suggest witnesses and questions, to provide evidence and expert witnesses, and to fully review and respond to all evidence on the record.
The Investigator(s) typically take(s) the following steps, if not already completed (not necessarily in this order):••••Any individual materially involved in the administration of the resolution
process (including the Title IX Coordinator, Investigator(s), and Decisionmaker(s)) may neither have nor demonstrate a conflict of interest or bias fora party generally, or for a specific Complainant or Respondent.

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The Title IX Coordinator will vet the assigned Investigator(s) to ensure impartiality by ensuring there are no actual or apparent conflicts of interest
or disqualifying biases. The parties may, at any time during the resolution
process, raise a concern regarding bias or conflict of interest, and the Title
IX Coordinator will determine whether the concern is reasonable and sup-••Determine the identity and contact information of the Complainant
In coordination with campus partners (e.g., the Title IX Coordinator), initiate or assist with any necessary supportive measures
Identify all policies implicated by the alleged misconduct and notify theComplainant and Respondent of all of the specific policies implicated
Assist the Title IX Coordinator with conducting a prompt initial assessment to determine if the allegations indicate a potential policy violation
Commence a thorough, reliable, and impartial investigation by identifying issues and developing a strategic investigation plan, including awitness list, evidence list, intended investigation timeframe, and orderof interviews for all witnesses and the parties
Meet with the Complainant to finalize their interview/statement, if necessary
Prepare the initial Notice of Investigation and Allegation (NOIA). The NOIA
may be amended with any additional or dismissed allegations o Notice
should inform the parties of their right to have the assistance of an Advi-

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sor, who could be a member of the Pool or an Advisor of their choosing
present for all meetings attended by the party
Provide each interviewed party and witness an opportunity to review andverify the Investigator’s summary notes (or transcript) of the relevant
evidence/testimony from their respective interviews and meetings
Make good faith efforts to notify the parties of any meeting or interview
involving the other party, in advance when possible
When participation of a party is expected, provide that party with written notice of the date, time, and location of the meeting, as well as the
expected participants and purpose
Interview all available, relevant witnesses and conduct follow-up interviews as necessary
Allow each party the opportunity to suggest witnesses and questions
they wish the Investigator(s) to ask of the other party and witnesses, anddocument in the report which questions were asked, with a rationale forany changes or omissions
Complete the investigation promptly and without unreasonable deviationfrom the intended timeline
Provide regular status updates to the parties throughout the investigation
Prior to the conclusion of the investigation, provide the parties and theirrespective Advisors (if so desired by the parties) with a list of witnesses
whose information will be used to render a finding
Write a comprehensive investigation report fully summarizing the investigation, all witness interviews, and addressing all relevant evidence.
Appendices including relevant physical or documentary evidence will be
included
The Investigator(s) gather, assess, and synthesize evidence, but makeno conclusions, engage in no policy analysis, and render no recommendations as part of their report
Prior to the conclusion of the investigation, provide the parties and theirrespective Advisors (if so desired by the parties) a secured electronic or
hard copy of the draft investigation report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigationthat is directly related to the reported misconduct, including evidence
upon which the University does not intend to rely in reaching a determination, for a ten (10) business day review and comment period so thateach party may meaningfully respond to the evidence. The parties may
elect to waive the full ten days. Each copy of the materials shared will
be watermarked on each page with the role of the person receiving it(e.g., Complainant, Respondent, Complainant’s Advisor, Respondent’s
Advisor).
The Investigator(s) may elect to respond in writing in the investigation report to the parties’ submitted responses and/or to share the responses
between the parties for additional responses
The Investigator(s) will incorporate relevant elements of the parties’ written responses into the final investigation report, include any additional
relevant evidence, make any necessary revisions, and finalize the report.
The Investigator(s) should document all rationales for any changes madeafter the review and comment period
The Investigator(s) may share the report with the Title IX Coordinatorand/or legal counsel for their review and feedback
The Investigator(s) will incorporate any relevant feedback, and the final
report is then shared with all parties and their Advisors through secure
electronic transmission or hard copy at least ten (10) business days
prior to a hearing. The parties are also provided with a file of any directly
related evidence that was not included in the reportmine that timeliness or efficiency dictate a need for remote interviewing.
The University will take appropriate steps to reasonably ensure the security/
privacy of remote interviews.
Witnesses may also provide written statements in lieu of interviews orchoose to respond to written questions, if deemed appropriate by theInvestigator(s), though not preferred. If a witness submits a written statement but does not intend to be and is not present for cross examination at ahearing, their written statement may not be used as evidence.
Recording of Interviews
No unauthorized audio or video recording of any kind is permitted during
investigation meetings. If Investigator(s) elect to audio and/or video record
interviews, all involved parties must be made aware of audio and/or video
recording.
Evidentiary Considerations in the Investigation
The investigation does not consider: 1) incidents not directly related to thepossible violation, unless they evidence a pattern; 2) questions and evidence
about the Complainant’s sexual predisposition or prior sexual behavior,unless such questions and evidence about the Complainant’s prior sexual
behavior are offered to prove that someone other than the Respondent
committed the conduct alleged by the Complainant, or if the questions
and evidence concern specific incidents of the Complainant’s prior sexual
behavior with respect to the Respondent and are offered to prove consent.
Within the boundaries stated above, the investigation can consider character
evidence generally, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.
Referral for Hearing
Provided that the complaint is not resolved through Informal Resolution,
once the final investigation report is shared with the parties, the Title IX
Coordinator will refer the matter for a hearing.
The hearing cannot be less than ten (10) business days from the conclusionof the investigation –when the final investigation report is transmitted to theparties and the Decision-maker–unless all parties and the Decision-maker
agree to an expedited timeline.
The Title IX Coordinator will select an appropriate Decision-maker(s) from the
Pool or from an outside service.
Hearing Decision-maker Composition
The University will designate either a single Decision-maker or a threemember Decision-maker panel from either the Pool or an outside service, atthe discretion of the Title IX Coordinator. The single Decision-maker will also
Chair the hearing. With a panel, one of the three members will be appointed
as Chair by the Title IX Coordinator.
The Decision-maker(s) will not have had any previous involvement with theinvestigation. The Title IX Coordinator may elect to have an alternate fromthe Pool sit in throughout the hearing process in the event that a substituteis needed for any reason.
Those who have served as Investigators will be witnesses in the hearing
and therefore may not serve as Decision-makers. Those who are serving
as Advisors for any party may not serve as Decision-makers in that matter.
The Title IX Coordinator may not serve as a Decision-maker or Chair in thematter but may serve as an administrative facilitator of the hearing if theirprevious role(s) in the matter do not create a conflict of interest. Otherwise,a designee may fulfill this role. The hearing will convene at a time determinedby the Chair or designee.

Role and Participation of Witnesses in the Investigation

Evidentiary Considerations in the Hearing

Witnesses (as distinguished from the parties) who are employees of the
University are expected to cooperate with and participate in the University’s
investigation and resolution process. Failure of such witnesses to cooperatewith and/or participate in the investigation or resolution process constitutes
a violation of policy and may warrant discipline.

Any evidence that the Decision-maker(s) determine(s) is relevant and credible may be considered. The hearing does not consider:

Although in-person interviews for parties and all potential witnesses are
ideal, circumstances (e.g., study abroad, summer break) may require individuals to be interviewed remotely. Skype, Zoom, FaceTime, WebEx, orsimilar technologies may be used for interviews if the Investigator(s) deter-

1) incidents not directly related to the possible violation, unless they evidence a pattern;2) questions and evidence about the Complainant’s sexual predispositionor prior sexual behavior, unless such questions and evidence about theComplainant’s prior sexual behavior are offered to prove that someone
other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of

the Complainant’s prior sexual behavior with respect to the Respondentand are offered to prove consent.
Within the boundaries stated above, the hearing can consider character
evidence generally, if offered, but that evidence is unlikely to be relevant
unless it is fact evidence or relates to a pattern of conduct.
After post-hearing deliberation, the Decision-maker renders a determination
based on the preponderance of the evidence; whether it is more likely than
not that the Respondent violated the Policy as alleged.
Previous disciplinary action of any kind involving the Respondent may beconsidered in determining an appropriate sanction upon a determinationof responsibility, in align with the University’s progressive discipline system.
This information is only considered at the sanction stage of the process andis not shared until then.
The parties may each submit a written impact statement prior to the hearing
for the consideration of the Decision-maker(s) at the sanction stage of theprocess when a determination of responsibility is reached.
If an external Decision-maker is brought in for the hearing, the Title IX Coordinator will appoint a member of the Pool to conduct the sanction. The
determination of sanctions may be done in consultation with BIT members.
Notice of Hearing
No less than ten (10) business days prior to the hearing, the Title IX Coordinator or the Chair will send notice of the hearing to the parties. Once mailed,emailed, and/or received in-person, notice will be presumptively delivered.
The notice will contain:
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A description of the alleged violation(s), a list of all policies allegedly
violated, a description of the applicable procedures, and a statement of
the potential sanctions/responsive actions that could result.
The time, date, and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities.
Any technology that will be used to facilitate the hearing.
Information about the option for the live hearing to occur with the parties
located in separate rooms using technology that enables the Decisionmaker(s) and parties to see and hear a party or witness answering questions. Such a request must be raised with the Title IX Coordinator at least
five (5) business days prior to the hearing.
A list of all those who will attend the hearing, along with an invitation toobject to any Decision-maker on the basis of demonstrated bias. This
must be raised with the Title IX Coordinator at least two (2) businessdays prior to the hearing.
Information on how the hearing will be recorded and on access to therecording for the parties after the hearing.
A statement that if any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence, and the party’s
or witness’s testimony and any statements given prior to the hearing will
not be considered by the Decision-maker(s). For compelling reasons, theDecision-maker may reschedule the hearing.
Notification that the parties may have the assistance of an Advisor of
their choosing at the hearing and will be required to have one present for
any questions they may desire to ask. The party must notify the Title IX
Coordinator if they do not have an Advisor, and the University will appointone. Each party must have an Advisor present. There are no exceptions.
A copy of all the materials provided to the Decision-maker(s) about thematter, unless they have been provided already.
The final investigation report may be shared using electronic means that preclude
downloading, forwarding, or otherwise sharing.

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An invitation to each party to submit to the Decision-maker(s) an impact
statement pre-hearing that the Decision-maker will review during any
sanction determination.
• An invitation to contact the Title IX Coordinator to arrange any disability
accommodations, language assistance, and/or interpretation services
that may be needed at the hearing, at least seven (7) business days prior
to the hearing.
• Whether parties can or cannot bring mobile phones/devices into thehearing (this may vary by situation).
Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to this Policy) and are

unable to be resolved prior to the end of term will typically be held immediately after the end of the term or during the summer, as needed, to meet theresolution timeline followed by the University and remain within the 60-90
business day goal for resolution.
In these cases, if the Respondent is a graduating student, a hold may beplaced on graduation and/or official transcripts until the matter is fully resolved (including any appeal). A student facing charges under this Policy is
not in good standing to graduate.
22. Alternative Hearing Participation Options
If a party or parties prefer not to attend or cannot attend the hearing inperson, the party should request alternative arrangements from the Title IX
Coordinator at least five (5) business days prior to the hearing.
The Title IX Coordinator or Chair can arrange to use technology to allow remote testimony without compromising the fairness of the hearing. Remoteoptions may also be needed for witnesses who cannot appear in person.
Any witness who cannot attend in person should let the Title IX Coordinatorknow at least five (5) business days prior to the hearing so that appropriatearrangements can be made.
Pre-Hearing Preparation
The Chair or hearing facilitator after any necessary consultation with theparties, Investigator(s) and/or Title IX Coordinator, will provide the names of
persons who will be participating in the hearing, all pertinent documentary
evidence, and the final investigation report to the parties at least ten (10)business days prior to the hearing.
Any witness scheduled to participate in the hearing must have been firstinterviewed by the Investigator(s) unless all parties and the Chair assent to
the witness’s participation in the hearing. The same holds for any evidence
that is first offered at the hearing. If the parties and Chair do not assent tothe admission of evidence newly offered at the hearing, the Chair may delay
the hearing and instruct that the investigation needs to be re-opened toconsider that evidence.
The parties will be given a list of the names of the Decision-maker(s) atleast five (5) business days in advance of the hearing. All objections to any
Decision-maker must be raised in writing, detailing the rationale for theobjection, and must be submitted to the Title IX Coordinator as soon as possible and no later than one day prior to the hearing. Decision-makers will only
be removed if the Title IX Coordinator concludes that their bias or conflict ofinterest precludes an impartial hearing of the allegation(s).
The Title IX Coordinator will give the Decision-maker(s) a list of the names ofall parties, witnesses, and Advisors at least five (5) business days in advanceof the hearing. Any Decision-maker who cannot make an objective determination must recuse themselves from the proceedings when notified of theidentity of the parties, witnesses, and Advisors in advance of the hearing. If
a Decision-maker is unsure of whether a bias or conflict of interest exists,they must raise the concern to the Title IX Coordinator as soon as possible.
During the ten (10) business day period prior to the hearing, the parties havethe opportunity for continued review and comment on the final investigation
report and available evidence. That review and comment can be shared with
the Chair at the pre-hearing meeting or at the hearing and will be exchanged
between each party by the Chair.
Pre-Hearing Meetings
The Chair may convene a pre-hearing meeting(s) with the parties and/or
their Advisors to invite them to submit the questions or topics they (theparties and/or their Advisors) wish to ask or discuss at the hearing, so that
the Chair can rule on their relevance ahead of time to avoid any improper
evidentiary introduction in the hearing or provide recommendations for more
appropriate phrasing. However, thisadvance review opportunity does not preclude the Advisors from asking aquestion for the first time at the hearing or from asking for a reconsideration
based on any new information or testimony offered at the hearing. The Chair
must document and share with each party their rationale for any exclusion
or inclusion at a pre-hearing meeting.
The Chair, only with full agreement of the parties, may decide in advance ofthe hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the investigation report or during the hearing.

At each pre-hearing meeting with a party and their Advisor, the Chair willconsider arguments that evidence identified in the final investigation report
as relevant is, in fact, not relevant. Similarly, evidence identified as directly
related but not relevant by the Investigator(s) may be argued to be relevant.
The Chair may rule on these arguments pre-hearing and will exchange thoserulings between the parties prior to the hearing to assist in preparation forthe hearing. The Chair may consult with legal counsel and/or the Title IX
Coordinator or ask either or both to attend pre-hearing meetings.
The pre-hearing meeting(s) may be recorded if all parties are informed of
the recording.
Hearing Procedures
At the hearing, the Decision-maker(s) has the authority to hear and makedeterminations on all allegations of discrimination, harassment, and/or
retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the discrimination,harassment, and/or retaliation, even though those collateral allegations may
not specifically fall within the policy.
Participants at the hearing will include the Chair, any additional panelists,
the hearing facilitator, the Investigator(s) who conducted the investigation,
the parties, Advisors to the parties, any called witnesses, the Title IX Coordinator if needed, and anyone providing authorized accommodations or
assistive services.
The Chair will answer all questions of procedure. Anyone appearing at thehearing to provide information will respond to questions on their own behalf.
The Chair will allow witnesses who have relevant information to appear at
a portion of the hearing in order to respond to specific questions from theDecision-maker(s) and the parties and the witnesses will then be excused.
Joint Hearings
In hearings involving more than one Respondent or in which two (2) or more
Complainants have accused the same individual of substantially similar
conduct, the default procedure will be to hear the allegations jointly.
However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is acompelling reason to do so. In joint hearings, separate determinations ofresponsibility will be made for each Respondent with respect to each alleged
policy violation.
The Order of the Hearing – Introductions and Explanation of Procedure
The Chair explains the procedures and introduces the participants. This
may include a final opportunity for challenge or recusal of the Decisionmaker(s) on the basis of bias or conflict of interest. The Chair will rule on
any such challenge unless the Chair is the individual who is the subject of
the challenge, in which case the Title IX Coordinator will review and decide
the challenge.
The Chair and/or the hearing facilitator then conducts the hearing according
to the hearing script]. At the hearing, recording, witness logistics, party logistics, curation of documents, separation of the parties, and other administrative elements of the hearing process are managed by a non-voting hearing
facilitator appointed by the Title IX Coordinator. The hearing facilitator may
attend to: logistics of rooms for various parties/witnesses as they wait; flowof parties/witnesses in and out of the hearing space; ensuring recording
and/or virtual conferencing technology is working as intended; copying anddistributing materials to participants, as appropriate, etc.
Investigator Presents the Final Investigation Report

Testimony and Questioning
Once the Investigator(s) present their report and are questioned, the parties
and witnesses may provide relevant information in turn, beginning with theComplainant, and then in the order determined by the Chair. The parties/
witnesses will submit to questioning by the Decision-maker(s) and then by
the parties through their Advisors (“cross-examination”).
All questions are subject to a relevance determination by the Chair. The
Advisor, who will remain seated during questioning, will pose the proposedquestion orally, electronically, or in writing (orally is the default, but othermeans of submission may be permitted by the Chair upon request if agreed
to by all parties and the Chair), the proceeding will pause to allow the Chair
to consider it (and state it if it has not been stated aloud), and the Chair will
determine whether the question will be permitted, disallowed, or rephrased.
The Chair may invite explanations or persuasive statements regarding relevance with the Advisors, if the Chair so chooses. The Chair will then state
their decision on the question for the record and advise the party/witness
to whom the question was directed, accordingly. The Chair will explain any
decision to exclude a question as not relevant, or to reframe it for relevance.
The Chair will limit or disallow questions on the basis that they are irrelevant,unduly repetitious (and thus irrelevant), or abusive. The Chair has final say
on all questions and determinations of relevance. The Chair may consult withlegal counsel on any questions of admissibility. The Chair may ask Advisors
to frame why a question is or is not relevant from their perspective but will
not entertain argument from the Advisors on relevance once the Chair has
ruled on a question.
If the parties raise an issue of bias or conflict of interest of an Investigator or
Decision-maker at the hearing, the Chair may elect to address those issues,
consult with legal counsel, and/or refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not in issue at the hearing, the Chairshould not permit irrelevant questions that probe for bias.
Refusal to Submit to Cross-Examination and Inferences
If a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attend the meeting, or they attend but refuse
to participate in questioning, then the Decision-maker(s) may not rely on
any prior statement made by that party or witness at the hearing (including
those contained in the investigation report) in the ultimate determinationof responsibility. The Decision-maker(s) must disregard that statement.
Evidence provided that is something other than a statement by the party or
witness may be considered.
If the party or witness attends the hearing and answers some cross-examination questions, only statements related to the cross-examination questions
they refuse to answer cannot be relied upon. However, if the statements ofthe party who is refusing to submit to cross-examination or refuses to attend
the hearing are the subject of the allegation itself (e.g., the case is aboutverbal harassment or a quid pro quo offer), then those statements are notprecluded from admission.
The Decision-maker(s) may not draw any inference solely from a party’s orwitness’s absence from the hearing or refusal to answer cross-examinationor other questions.
If charges of policy violations other than sexual harassment are consideredat the same hearing, the Decision-maker(s) may consider all evidence it
deems relevant, may rely on any relevant statement as long as the opportunity for cross-examination is afforded to all parties through their Advisors,and may draw reasonable inferences from any decision by any party or witness not to participate or respond to questions.

The Investigator(s) will then present a summary of the final investigation
report, including items that are contested and those that are not, and will
be subject to questioning by the Decision-maker(s) and the parties (throughtheir Advisors). The Investigator(s) will be present during the entire hearing
process, but not during deliberations.

If a party’s Advisor of choice refuses to comply with the University’s established rules of decorum for the hearing, the University may require the party
to use a different Advisor. If a University-provided Advisor refuses to comply
with the rules of decorum, the University may provide that party with a different Advisor to conduct cross-examination on behalf of that party.

Neither the parties nor the Decision-maker(s) should ask the Investigator(s)their opinions on credibility, recommended findings, or determinations, andthe Investigators, Advisors, and parties will refrain from discussion of orquestions about these assessments. If such information is introduced, theChair will direct that it be disregarded.

Recording Hearings
Hearings (but not deliberations) are recorded by the University for purposesof review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted.
The Decision-maker(s), the parties, their Advisors, and appropriate administrators of the University will be permitted to listen to the recording in acontrolled environment determined by the Title IX Coordinator. No person will
be given or be allowed to make a copy of the recording without permissionof the Title IX Coordinator.
Deliberation, Decision-making, and Standard of ProofThe Decision-maker(s) will deliberate in closed session to determine whether
the Respondent is responsible or not responsible for the policy violation(s) inquestion. If a panel is used, a simple majority vote is required to determine
the finding. The preponderance of the evidence standard of proof is used.
The hearing facilitator may be invited to attend the deliberation by the Chair,
but is there only to facilitate procedurally, not to address the substance of
the allegations.
When there is a finding of responsibility on one or more of the allegations,the Decision-maker(s) may then consider the previously submitted party
impact statements in determining appropriate sanction(s). The Chair will
ensure that each of the parties has an opportunity to review any impact
statement submitted by the other party(ies). The Decision-maker(s) may, attheir discretion, consider the statements, but they are not binding.
The Decision-maker(s) will review the statements and any pertinent conduct
history provided by the Dean of Student Life or other relevant administrator
and may recommend the appropriate sanction(s ); if the Decision-maker isfrom an outside source, they will not provide recommendations on sanctions.
The Chair will then prepare a written deliberation statement and deliver it to
the Title IX Coordinator, detailing the determination, rationale, the evidence
used in support of its determination, the evidence not relied upon in its
determination, credibility assessments, and any sanctions or recommendations, if applicable. The Title IX Coordinator finalize the sanctions with
consultation with relevant University administration.
This report is typically three (3) to five (5) pages in length and must be submitted to the Title IX Coordinator within two (2) business days of the end ofdeliberations, unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the parties.
Notice of Outcome
Using the deliberation statement, the Title IX Coordinator will work with
the Chair to prepare a Notice of Outcome. The Notice of Outcome may bereviewed by legal counsel. The Title IX Coordinator will then share the letter,
including the final determination, rationale, and any applicable sanction(s)with the parties and their Advisors within 5 business days of receiving theDecision-maker(s)’ deliberation statement.
The Notice of Outcome will then be shared with the parties simultaneously.
Notification will be made in writing and may be delivered by one or more of
the following methods: in person, mailed to the local or permanent addressof the parties as indicated in official University records, or emailed to the parties’ University-issued email or otherwise approved account. Once mailed,emailed, and/or received in-person, notice will be presumptively delivered.

Statement of the Rights of the Parties
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The Notice of Outcome will articulate the specific policy(ies) reported tohave been violated, including the relevant policy section, and will contain adescription of the procedural steps taken by the University from the receiptof the misconduct report to the determination, including any and all notifications to the parties, interviews with parties and witnesses, site visits,
methods used to obtain evidence, and hearings held.
The Notice of Outcome will specify the finding on each alleged policy violation; the findings of fact that support the determination; conclusions regarding the application of the relevant policy to the facts at issue; a statementof, and rationale for, the result of each allegation to the extent the University
is permitted to share such information under state or federal law; any sanctions issued which the University is permitted to share according to stateor federal law; and any remedies provided to the Complainant designed toensure access to the University’s educational or employment program or
activity, to the extent the University is permitted to share such information
under state or federal law (please note that this detail is not typically sharedwith the Respondent unless the remedy directly relates to the Respondent).
The Notice of Outcome will also include information on when the results
are considered by the University to be final, any changes that occur prior to
finalization, and the relevant procedures and bases for any available appeal
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The right to an equitable investigation and resolution of all credible allegations of prohibited harassment or discrimination made in good faithto University officials.
The right to timely written notice of all alleged violations, including theidentity of the parties involved (if known), the precise misconduct being
alleged, the date and location of the alleged misconduct (if known), theimplicated policies and procedures, and possible sanctions.
The right to timely written notice of any material adjustments to theallegations (e.g., additional incidents or allegations, additional Complainants, unsubstantiated allegations) and any attendant adjustments
needed to clarify potentially implicated policy violations.
The right to be informed in advance of any public release of information
regarding the allegation(s) or underlying incident(s), whenever possible.
The right not to have any personally identifiable information released tothe public without consent provided, except to the extent permitted bylaw.
The right to be treated with respect by University officials.
The right to have University policies and procedures followed withoutmaterial deviation.
The right not to be pressured to mediate or otherwise informally resolve
any reported misconduct involving violence, including sexual violence.
The right not to be discouraged by University officials from reporting
sexual harassment, discrimination, and/or retaliation to both on-campus
and off-campus authorities.
The right to be informed by University officials of options to notify proper
law enforcement authorities, including on-campus and local police, andthe option(s) to be assisted by University authorities in notifying such
authorities, if the party so chooses. This also includes the right not to bepressured to report, as well.
The right to have allegations of violations of this Policy responded topromptly and with sensitivity by University law enforcement and/or other
University officials.
The right to be informed of available interim actions and supportive
measures, such as counseling; advocacy; health care; both on campus
and in the community.
The right to a University-implemented no-contact order [or a no-trespassorder against a non-affiliated third party] when a person has engaged
in or threatens to engage in stalking, threatening, harassing, or otherimproper conduct.
The right to be informed of available assistance in changing academic,
living, and/or working situations after an alleged incident of discrimination, harassment, and/or retaliation, if such changes are reasonably
available. No formal report, or investigation, either campus or criminal,
needs to occur before this option is available. Such actions may include,
but are not limited to:o Relocating an on-campus student’s housing to a different on-campus locationo Assistance from University staff in completing the relocationo Changing an employee’s work environment (e.g., reporting structure,
office/workspace relocation)o Transportation accommodations
o Visa/immigration assistanceo Arranging to dissolve a housing contract and a pro-rated refundo Exam, paper, and/or assignment rescheduling or adjustmento Receiving an incomplete in, or a withdrawal from, a class (may beretroactive)o Transferring class sectionso Temporary withdrawal/leave of absence (may be retroactive)o Campus safety escortso Alternative course completion options.
The right to have the University maintain such actions for as long asnecessary and for supportive measures to remain private, provided
privacy does not impair the University’s ability to provide the supportive
measures.

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The right to receive sufficiently advanced, written notice of any meetingor interview involving the other party, when possible.
The right to ask the Investigator(s) and Decision-maker(s) to identify andquestion relevant witnesses, including expert witnesses.
The right to provide the Investigator(s)/Decision-maker(s) with a list ofquestions that, if deemed relevant by the Investigator(s)/Chair, may be
asked of any party or witness.
The right to have inadmissible prior sexual history or irrelevant character
evidence excluded by the decision-maker.
The right to know the relevant and directly related evidence obtained andto respond to that evidence.
The right to fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record.
The right to receive a copy of the investigation report, including all factual, policy, and/or credibility analyses performed, and all relevant anddirectly related evidence available and used to produce the investigation
report, subject to the privacy limitations imposed by state and federallaw, prior to the hearing, and the right to have at least ten (10) businessdays to review the report prior to the hearing.
The right to respond to the investigation report, including comments
providing any additional relevant evidence after the opportunity to review
the investigation report, and to have that response on the record.
The right to be informed of the names of all witnesses whose information
will be used to make a finding, in advance of that finding, when relevant.
The right to regular updates on the status of the investigation and/or
resolution.
The right to have reports of alleged Policy violations addressed by Investigators, Title IX Coordinators, and Decision-maker(s) who have received[at least eight hours of] relevant annual training.
The right to a Hearing Panel that is not single-sex in its composition, if apanel is used.
The right to preservation of privacy, to the extent possible and permitted
by law.
The right to meetings, interviews, and/or hearings that are closed to the
public.
The right to petition that any University representative in the process berecused on the basis of disqualifying bias and/or conflict of interest.
The right to have an Advisor of their choice to accompany and assist the
party in all meetings and/or interviews associated with the resolution
process.
The right to the use of the appropriate standard of evidence, [preponderance of the evidence; clear and convincing evidence] to make a finding
after an objective evaluation of all relevant evidence.
The right to be present, including presence via remote technology, during
all testimony given and evidence presented during any formal grievancehearing.
The right to have an impact statement considered by the Decisionmaker(s) following a determination of responsibility for any allegation,
but prior to sanctioning.
The right to be promptly informed in a written Notice of Outcome letterof the finding(s) and sanction(s) of the resolution process and a detailed
rationale of the decision (including an explanation of how credibility wasassessed), delivered simultaneously (without undue delay) to the parties.
The right to be informed in writing of when a decision by the University
is considered final and any changes to the sanction(s) that occur before
the decision is finalized.
The right to be informed of the opportunity to appeal the finding(s) andsanction(s) of the resolution process, and the procedures for doing so inaccordance with the standards for appeal established by the University.
The right to a fundamentally fair resolution as defined in these procedures.

Sanctions
Factors considered when determining a sanction/responsive action may
include, but are not limited to:•

The nature, severity of, and circumstances surrounding the violation(s)•••The Respondent’s disciplinary history
Previous allegations or allegations involving similar conduct
The need for sanctions/responsive actions to bring an end to the discrimination, harassment, and/or retaliation• The need for sanctions/responsive actions to prevent the future recurrence of discrimination, harassment, and/or retaliation• The need to remedy the effects of the discrimination, harassment, and/or retaliation on the Complainant and the community• The impact on the parties• Any other information deemed relevant by the Decision-maker(s)The sanctions will be implemented as soon as is feasible, either upon theoutcome of any appeal or the expiration of the window to appeal without anappeal being requested.
The sanctions described in this policy are not exclusive of, and may be inaddition to, other actions taken or sanctions imposed by external authorities.

Student Sanctions
The following are the usual sanctions that may be imposed upon students ororganizations singly or in combination:
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Warning: A formal statement that the conduct was unacceptable anda warning that further violation of any University policy, procedure, or
directive will result in more severe sanctions/responsive actions.
Required Counseling: A mandate to meet with and engage in either
University-sponsored or external counseling to better comprehend the
misconduct and its effects.
Probation: A written reprimand for violation of institutional policy, providing for more severe disciplinary sanctions in the event that the student
or organization is found in violation of any institutional policy, procedure,or directive within a specified period of time. Terms of the probation
will be articulated and may include denial of specified social privileges,
exclusion from co-curricular activities, exclusion from designated areasof campus, no-contact orders, and/or other measures deemed appropriate.
Suspension: Termination of student status for a definite period of time
not to exceed two years and/or until specific criteria are met. Students
who return from suspension are automatically placed on probation
through the remainder of their tenure as a student at University.
Expulsion: Permanent termination of student status and revocation ofrights to be on campus for any reason or to attend University-sponsored
events. This sanction will be noted permanently as a Conduct Expulsion
on the student’s official transcript.
Withholding Diploma: The University may withhold a student’s diploma
for a specified period of time and/or deny a student participation incommencement activities if the student has an allegation pending or asa sanction if the student is found responsible for an alleged violation.
Revocation of Degree: The University reserves the right to revoke adegree previously awarded from the University for fraud, misrepresentation, and/or other violation of University policies, procedures, or directives in obtaining the degree, or for other serious violations committed
by a student prior to graduation.
Organizational Sanctions: Deactivation, loss of recognition, loss of someor all privileges (including University registration) for a specified periodof time.
Other Actions: In addition to or in place of the above sanctions, the University may assign any other sanctions as deemed appropriate.

Employee Sanctions/Responsive Actions
Responsive actions for an employee who has engaged in harassment, discrimination, and/or retaliation include:
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Warning – Verbal or Written
Performance Improvement Plan/Management Process
Enhanced supervision, observation, or review
Required or Recommended Counseling
Required Training or Education
Probation
Denial of Pay Increase/Pay Grade

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Loss of Oversight or Supervisory Responsibility
DemotionTransfer
Reassignment
Delay of tenure track progress
Assignment to new supervisor
Restriction of stipends, research, and/or professional development
resources
Suspension with pay
Suspension without pay
Termination
Other Actions: In addition to or in place of the above sanctions/responsive actions, the University may assign any other responsive actions as
deemed appropriate.

Withdrawal or Resignation While Charges Pending

Students
If a student has an allegation pending for violation of this, the University may
place a hold on a student’s ability to graduate and/or to receive an officialtranscript/diploma.
Should a student decide to not participate in the resolution process, theprocess proceeds absent their participation to a reasonable resolution.
Should a student Respondent permanently withdraw from the University, theresolution process ends, as the University no longer has disciplinary jurisdiction over the withdrawn student.
However, the University will continue to address and remedy any systemic
issues, variables that may have contributed to the alleged violation(s), andany ongoing effects of the alleged harassment, discrimination, and/or retaliation. The student who withdraws or leaves while the process is pending
may not return to the University. Such exclusion applies to all campuses of
University. A hold will be placed on their ability to be readmitted. They may
also be barred from University property and/or events.
If the student Respondent only withdraws or takes a leave for a specified
period of time (e.g., one semester or term), the resolution process may continue remotely and that student is not permitted to return to University unlessand until all sanctions have been satisfied.

Employees
Should an employee Respondent resign with unresolved allegations pending, the resolution process ends, as the University no longer has disciplinary
jurisdiction over the resigned employee.
However, the University will continue to address and remedy any systemic
issues, variables that contributed to the alleged violation(s), and any ongoing
effects of the alleged harassment or discrimination.
The employee who resigns with unresolved allegations pending is not eligible
for rehire with the University or any campus of the University, and the records
retained by the Title IX Coordinator will reflect that status.
All University responses to future inquiries regarding employment references
for that individual will include that the former employee resigned during apending disciplinary matter.
Appeals
Any party may file a request for appeal (“Request for Appeal”), but it must be
submitted in writing to the Title IX Coordinator within 5 business days of thedelivery of the Notice of Outcome.
A single Appeal Decision-maker will Chair the appeal. The Appeal Decisionmaker will not have been involved in the process previously, including any
dismissal appeal that may have been heard earlier in the process.
The Request for Appeal will be forwarded to the Appeal Chair for consideration to determine if the request meets the grounds for appeal (a Review
for Standing).
This review is not a review of the merits of the appeal, but solely a determination as to whether the request meets the grounds and is timely filed.

Grounds for Appeal
Appeals are limited to the following grounds:••

Procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affectthe outcome of the matter; and• The Title IX Coordinator, Investigator(s), or Decision-maker(s) had aconflict of interest or bias for or against Complainants or Respondents
generally or the specific Complainant or Respondent that affected theoutcome of the matter.
If any of the grounds in the Request for Appeal do not meet the grounds inthis Policy, that request will be denied by the Appeal Chair and the parties
and their Advisors will be notified in writing of the denial and the rationale.
If any of the grounds in the Request for Appeal meet the grounds in thisPolicy, then the Appeal Chair will notify the other party(ies) and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigators and/or the original Decision-maker(s).
The other party(ies) and their Advisors, the Title IX Coordinator, and, whenappropriate, the Investigators and/or the original Decision-maker(s) will bemailed, emailed, and/or provided a hard copy of the request with the approved grounds and then be given 5 business days to submit a response to
the portion of the appeal that was approved and involves them. All responses
will be forwarded by the Chair to all parties for review and comment.
The non-appealing party (if any) may also choose to raise a new ground forappeal at this time. If so, that will be reviewed to determine if it meets thegrounds in this Policy by the Appeal Chair and either denied or approved. If
approved, it will be forwarded to the party who initially requested an appeal,
the Investigator(s) and/or original Decision-maker(s), as necessary, who willsubmit their responses in 5 business days, which will be circulated for review
and comment by all parties.
Neither party may submit any new requests for appeal after this time period.
The Appeal Chair will collect any additional information needed and all documentation regarding the approved grounds and the subsequent responses
and the Chair will render a decision in no more than 10 business days, barring exigent circumstances. The Chair will apply the preponderance of theevidence standard, where applicable.
A Notice of Appeal Outcome will be sent to all parties simultaneously including the decision on each approved ground and rationale for each decision.
The Notice of Appeal Outcome will specify the finding on each ground forappeal, any specific instructions for remand or reconsideration, any sanctions that may result which the University is permitted to share according
to state or federal law, and the rationale supporting the essential findings
to the extent the University is permitted to share under state or federal law.
Notification will be made in writing and may be delivered by one or more of
the following methods: in person, mailed to the local or permanent addressof the parties as indicated in official institutional records, or emailed tothe parties’ University-issued email or otherwise approved account. Once
mailed, emailed and/or received in-person, notice will be presumptively
delivered.

Sanctions Status During the Appeal
Any sanctions imposed as a result of the hearing are stayed during the appeal process. Supportive measures may be reinstated, subject to the same
supportive measure procedures above.
If any of the sanctions are to be implemented immediately post-hearing,
but pre-appeal, then emergency removal procedures (detailed above) for ahearing on the justification for doing so must be permitted within 48 hoursof implementation.
University may still place holds on official transcripts, diplomas, graduations,and course registration pending the outcome of an appeal when the original
sanctions included separation.

Appeal Considerations•

Decisions on appeal are to be deferential to the original decision, making changes to the finding only when there is clear error and to the

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sanction(s)/responsive action(s) only if there is a compelling justification
to do so.
Appeals are not intended to provide for a full re-hearing (de novo) of
the allegation(s). In most cases, appeals are confined to a review of thewritten documentation or record of the original hearing and pertinent
documentation regarding the specific grounds for appeal.
An appeal is not an opportunity for Appeal Decision-makers to substitutetheir judgment for that of the original Decision-maker(s) merely because
they disagree with the finding and/or sanction(s).
The Appeal Chair/Decision-maker(s) may consult with the Title IX Coordinator on questions of procedure or rationale, for clarification, if needed.
Documentation of all such consultation will be maintained.
Appeals granted based on new evidence should normally be remanded
to the original Investigator(s) and/or Decision-maker(s) for reconsideration. Other appeals may be remanded at the discretion of the Title IX
Coordinator or, in limited circumstances, decided on appeal.
When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new finding or sanction, thatfinding or sanction can be appealed one final time on the grounds listed
above and in accordance with these procedures.
In rare cases where a procedural error cannot be cured by the original
Decision-maker(s) (as in cases of bias), the appeal may order a newhearing with a new Decision-maker(s).
The results of a new hearing can be appealed, once, on any of the threeavailable appeal grounds.
In cases in which the appeal results in reinstatement to the University orresumption of privileges, all reasonable attempts will be made to restore
the Respondent to their prior status, recognizing that some opportunities lost may be irreparable in the short term.

Long-Term Remedies/Other Actions
Following the conclusion of the resolution process, and in addition to any
sanctions implemented, the Title IX Coordinator may implement additional
long-term remedies or actions with respect to the parties and/or the campus
community that are intended to stop the harassment, discrimination, and/or
retaliation, remedy the effects, and prevent reoccurrence.
These remedies/actions may include, but are not limited to:
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Referral to counseling and health services
Referral to the Employee Assistance Program
Education to the individual and/or the community
Permanent alteration of housing assignments
Permanent alteration of work arrangements for employees
Provision of campus safety escorts
Climate surveys
Policy modification and/or training
Provision of transportation accommodations
Implementation of long-term contact limitations between the parties
Implementation of adjustments to academic deadlines, course schedules, etc.
At the discretion of the Title IX Coordinator, certain long-term support or measures may also be provided to the parties even if no policy violation is found.
When no policy violation is found, the Title IX Coordinator will address any
remedies owed by the University to the Respondent to ensure no effective
denial of educational access.
The University will maintain the privacy of any long-term remedies/actions/
measures, provided privacy does not impair the University’s ability to provide
these services.

sanction(s)/action(s), including suspension, expulsion, and/or terminationfrom the University and may be noted on a student’s official transcript.
A suspension will only be lifted when compliance is achieved to the satisfaction of the Title IX Coordinator.
Recordkeeping
University will maintain for a period of at least seven years records of:
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Each sexual harassment investigation including any determination
regarding responsibility and any audio or audiovisual recording or transcript required under federal regulation;
Any disciplinary sanctions imposed on the Respondent;
Any remedies provided to the Complainant designed to restore or preserve equal access to the University’s education program or activity;
Any appeal and the result therefrom;Any Informal Resolution and the result therefrom;All materials used to train Title IX Coordinators, Investigators, Decisionmakers, and any person who facilitates an Informal Resolution process.
University will make these training materials publicly available on University’s website; andAny actions, including any supportive measures, taken in response to areport or formal complaint of sexual harassment, including:a. The basis for all conclusions that the response was not deliberately
indifferent;b. Any measures designed to restore or preserve equal access to the
University’s education program or activity; andc. If no supportive measures were provided to the Complainant, document the reasons why such a response was not clearly unreasonable in light of the known circumstances.
Ottawa University will also maintain any and all records in accordance withstate and federal laws.
Disabilities Accommodations in the Resolution Process
The University is committed to providing reasonable accommodations andsupport to qualified students, employees, or others with disabilities to ensure equal access to the University’s resolution process.
Anyone needing such accommodations or support should contact the Title
IX Coordinator, who will review the request and determine which accommodations are appropriate and necessary for full participation in the process.
Revision of this Policy and ProceduresThis Policy and procedures supersede any previous policy(ies) addressing
harassment, sexual misconduct, discrimination, and/or retaliation under
Title IX and will be reviewed and updated annually by the Title IX Coordinator. The University reserves the right to make changes to this document as
necessary, and once those changes are posted online, they are in effect.
During the resolution process, the Title IX Coordinator may make minor modifications to procedures that do not materially jeopardize the fairness owed
to any party, such as to accommodate summer schedules. The Title IX Coordinator may also vary procedures materially with notice (on the institutional
website, with the appropriate effective date identified) upon determiningthat changes to law or regulation require policy or procedural alterations notreflected in this Policy and procedures.
If government laws or regulations change – or court decisions alter – the requirements in a way that impacts this document, this document will be construed to comply with the most recent government regulations or holdings.
This document does not create legally enforceable protections beyond theprotection of the background state and federal laws which frame such policies and codes, generally.

Failure to Comply with Sanctions and/or Interim andLong-term Remedies and/or Responsive Actions

This Policy and procedures are effective August 14, 2021.

All Respondents are expected to comply with the assigned sanctions, responsive actions, and/or corrective actions within the timeframe specified by the
final Decision-maker(s) (including the Appeal Chair/Panel).

USE AND ADAPTATION OF THIS MODEL WITH CITATION TO ATIXA IS PERMITTED
THROUGH A LIMITED LICENSETO OTTAWA UNIVERSITYALL OTHER RIGHTS RESERVED.
©2021. ATIXA

Failure to abide by the sanction(s)/action(s) imposed by the date specified,whether by refusal, neglect, or any other reason, may result in additional

ATIXA 2021 ONE POLICY, TWO PROCEDURES MODELViolence Against Women Act
VIOLENCE AGAINST WOMEN ACT (“VAWA”)
OFFENSES: PREVENTION, SAFETY, SPECIALPROCEDURES
Ottawa University’s Sexual Misconduct Policy prohibits sexually violent
acts, termed “Sexual Misconduct” by the University which can be crimes aswell. Sexual misconduct includes non-consensual sexual intercourse, nonconsensual sexual contact, sexual exploitation, interpersonal/relationshipviolence, sex/gender-based stalking, and sexual harassment. While Ottawa
utilizes different standards and definitions than State (Arizona, Kansas,
and Wisconsin) Statutes, sexual misconduct often overlaps with the crimesof rape, sexual assault, sexual harassment, stalking, dating violence, anddomestic violence. Victims of these behaviors are protected by federal laws,
specifically Title IX (Ottawa University Title IX Information)and the Clery Act,
which mandates the contents of this report. This portion of the Clery Report
is required by the Violence Against Women Act (“VAWA”) and informs peopleof intersection between the University Policy, the Clery definitions for sexual
misconduct crimes, and state definitions. This portion also provides a summary of the information that can be found in the Ottawa Sexual Misconduct
Policy, which provides more detailed information on the University’s policies,
procedures, protections, and educational and preventive programs.
In an effort to reduce the risk of sexual misconduct as well as the crimes ofrape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence occurring among its students, the University utilizes a rangeof campaigns, strategies, and initiatives to promote awareness, educational,
risk reduction, and prevention programming.
It is the policy of the University to offer programming to identify and prevent
domestic violence, dating violence, sexual assault (including stranger andknown offender assaults), and stalking each year. Educational programs
are offered to raise awareness for all incoming students and employees
and are often conducted during new student and new employee orientation and throughout an incoming student’s first semester. Programs andother campaigns offered throughout the year to all students and employees
include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management, andbystander intervention), and discuss institutional policies on sexual misconduct as well as legal definitions of domestic violence, dating violence, sexualassault, stalking, and consent in reference to sexual activity. Programs alsooffer information on risk reduction that strives to empower victims, how torecognize warning signals and how to avoid potential attacks, and do so
without victim-blaming approaches. Some programs that have been offeredby Ottawa residential campuses include Take Back the Night events, Sexual
Assault Awareness Week (“Do’s and Dough-not’s”, speakers, “What Were
You Wearing” display, extra presence of outside advocates on campus),orientation programs focus on real-life scenarios that college students may
face. Ottawa believes that sexual assault education and prevention extends
also to programming related to drug and alcohol abuse and strives to provide
programs and events such as Alcohol and Drug Abuse Awareness Week,
Mocktail Nights, many free opportunities for student entertainment such as
free sporting events, bowling, free movies, magicians and hypnotists, andgroup transportation to events students may not otherwise be able to attend.
Students are provided with easy access to information for resources throughour website, handbooks, Annual Security Reports, counseling centers, andinformational magnets with important contact numbers were handed out at
Fall 2019 Orientation at the Kansas residential campus. Ottawa University
recently created an informal “Title IX Team” which is made up of both internaland external university members. This team and meets quarterly to discuss
University issues as well as national issues and develops training and educational programs and discusses trends in both prevention and education.

Programs are informed by evidence-based research and/or are assessed
for their effectiveness. Climate surveys are done at least every other year.
Bystander engagement is encouraged through safe and positive intervention
techniques and by empowering third-party intervention and prevention suchas calling for help, using intervention-based apps, identifying allies, and/or creating distractions. Bystander empowerment training highlights theneed for those who intervene to ensure their own safety in the intervention
techniques they choose and motivates them to intervene as stakeholders
in the safety of the community when others might choose to be bystanders.
In the event that sexual misconduct, gender-based violence, or the crimesof sexual assault, stalking, dating violence, or domestic violence do occur,
the University takes the matter very seriously. The University employs interim protection measures such as interim suspensions and/or no contact
orders in any case where a student’s behavior represents a risk of violence,
threat, pattern, or predation. If a student is accused of sexual misconduct,other gender-based violence, or the crimes of rape, sexual assault, sexual
harassment, stalking, dating violence, or domestic violence, s/he is subject
to action in accordance with the Sexual Misconduct Policy in the student
handbook. A student wishing to officially report such an incident may do
so by contacting the Title IX Coordinator, Carrie Stevens (785-248-2326;
carrie.stevens@ottawa.edu), the Deputy Title IX Coordinator (located at
OUAZ), Brittney Kellar (623-233-7546; Brittney.kellar@ottawa.edu), or theComplaint Hotline (844-719-2846). Anyone with knowledge about sexual
misconduct, gender-based violence, or the crimes of rape, sexual assault,
sexual harassment, stalking, dating violence, or domestic violence is encouraged to report it immediately. Protective measures for victims are available
from the campus whether a victim chooses to report to local and/or campus
law enforcement, and irrespective of whether a victim pursues a formal
complaint through the University resolution process.
It is the policy of Ottawa University to not automatically notify local law enforcement when sexual misconduct occurs, unless a victim wishes or there
is an emergency threat to health or safety. Victims have the option to notify
law enforcement directly, or to be assisted in doing so by campus authorities.
If requested, campus officials can facilitate reporting to campus or local law
enforcement, but may also respect a victim’s request not to do so.
If you are the victim of sexual misconduct, gender-based violence, or thecrimes of rape, acquaintance rape, sexual assault, sexual harassment,
stalking, dating violence, or domestic violence, some or all of these safetysuggestions may guide you after an incident has occurred:
1. Go to a safe place and speak with someone you trust. Tell this person what happened. If there is any immediate danger, call 911.
2. Consider securing immediate professional support (e.g., counseling,
victim advocacy, medical services, etc.) to assist you in the crisis.
3. The Ottawa University Counseling Services can be reached by calling785-248-2582. Should you seek pastoral services, you may call the
University Chaplain John Holtzhuter at 785-248-2334.
4. If you are in Arizona and prefer to seek outside confidential support,
you may consider reaching out to Arizona Coalition to End Sexual &Domestic Violence, which can be reached at 800-782-6400 or www.
acesdv.org.
5. If you are in Kansas and prefer to seek outside confidential support,
you may consider reaching out to the Trauma and Abuse Care Centerat 785-843-8985 or The Willow Domestic Abuse Center at 800-7703030.
6. For your safety and well-being, immediate medical attention is
encouraged. Further, being examined as soon as possible, ideallywithin 120 hours, is important in the case of rape or sexual assault.

The hospital will arrange for a specific medical examination at nocharge or can work with you to arrange state reimbursement.
• To preserve evidence, it is recommended that you do not bathe,
shower, douche, eat, drink, smoke, brush your teeth, urinate,defecate, or change clothes before receiving medical attention.
Even if you have already taken any of these actions, you are stillencouraged to have prompt medical care, and evidence may still
be recoverable.
• Typically, if police are involved or will be involved, they willobtain evidence from the scene, and it is best to leave things
undisturbed until their arrival. They will gather bedding, linens or
unlaundered clothing, and any other pertinent articles that may
be used for evidence. It is best to allow police to secure items
in evidence containers, but if you are involved in transmissionof items of evidence, such as to the hospital, secure them in aclean paper bag or clean sheet to avoid contamination.
• If you have physical injuries, photograph or have them photographed, with a date stamp on the photo.
• Record the names of any witnesses and their contact information. This information may be helpful as proof of a crime, toobtain an order of protection, or to offer proof of a campus policy
violation.
• Try to memorize details (e.g., physical description, names, license plate number, car description, etc.), or even better, write
notes to remind you of details, if you have time and the ability to
do so.
• If you obtain external orders of protection (e.g., restraining orders, injunctions, protection from abuse), please notify Campus
Security and/or the Title IX Coordinator so that those orders canbe observed on campus.
• If you have any phone messages, photos, text messages, social
media posts, etc., that are relevant, preserve those messagesby sending them to a trusted friend or your own email address.
7. Even after the immediate crisis has passed, consider seeking support from the resources listed above.
8. Contact the Title IX Coordinator, Carrie Stevens (785-248-2326, carrie.stevens@ottawa.edu) or the Dean of Student Affairs if you needassistance with University-related concerns, such as no-contact
orders or other protective measures. The Coordinator will also assist
in any needed advocacy for students who wish to obtain protective or
restraining orders from local authorities. The University is able to offer reasonable academic supports, changes to living arrangements,
transportation resources or modifications, escorts, no contact orders, counseling services access, and other supports and resources
as needed by a victim. The University is able to offer information
about legal assistance, and student financial aid considerations forvictims.

LEGAL DEFINITIONS REGARDING CONSENT, SEXUAL ASSAULT,DOMESTIC VIOLENCE, AND STALKING
Consistent with the provisions as set forth in the Ottawa University Sexual
Misconduct Policy, the University prohibits the crimes of sexual assault, domestic violence, dating violence, and stalking, as defined for the purpose of
the Clery Act. The Clery Act definitions are those used to record the statistics
for the Annual Crime Statistic Reporting, which you will find at the end of
this Annual Security Report. For this portion of the Annual Security Report,
under VAWA, the following State legal definitions are provided to assist in
victims. The definitions for Consent, Sexual Assault, Domestic Violence, andStalking are below.
Consent

Arizona
Arizona does not define what “consent” is, but does define what it is not(ARS 13-1401):"Without consent" includes any of the following:(a) The victim is coerced by the immediate use or threatened use offorce against a person or property.

(b) The victim is incapable of consent by reason of mental disorder,
mental defect, drugs, alcohol, sleep or any other similar impairmentof cognition and such condition is known or should have reasonably
been known to the defendant. For the purposes of this subdivision,"mental defect" means the victim is unable to comprehend thedistinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct
with another.
(c) The victim is intentionally deceived as to the nature of the act.
(d) The victim is intentionally deceived to erroneously believe that theperson is the victim's spouse.

KansasKansas does not define “Consent”.

Wisconsin
Wisconsin (Wis. Stat. 940.225): “Consent”, as used in this section, means
words or overt actions by a person who is competent to give informed
consent indicating a freely given agreement to have sexual intercourse or
sexual contact.
***
The following persons are presumed incapable of consent but the presumption may be rebutted by competent evidence, subject to the provisions of s.
972.11(2):b. a person suffering from a mental illness or defect which impairs
capacity to appraise personal conduct. 940.225(4)(c) A person who
is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
Sexual Assault

Arizona
Arizona (ASR 13-1406): A person commits sexual assault by intentionallyor knowingly engaging in sexual intercourse or oral sexual contact with any
person without consent of such person.

KansasKansas (K.S.A. 21-5503)
Relevant portions of the statute include:(a) Rape is:(1) Knowingly engaging in sexual intercourse with a victim who does
not consent to the sexual intercourse under any of the following
circumstances:(A) When the victim is overcome by force or fear;or (B) when the victim is unconscious or physically powerless;(2) Knowingly engaging in sexual intercourse with a victim whenthe victim is incapable of giving consent because of mental
deficiency or disease, or when the victim is incapable of giving
consent because of the effect of any alcoholic liquor, narcotic,
drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;(3) sexual intercourse with a child who is under 14 years of age;(4) sexual intercourse with a victim when the victim's consent was
obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or(5) sexual intercourse with a victim when the victim's consent was
obtained through a knowing misrepresentation made by theoffender that the sexual intercourse was a legally required procedure within the scope of the offender's authority. ***Wisconsin
Wisconsin (Wis. State 940.225)(1) FIRST DEGREE SEXUAL ASSAULT. Whoever does any of the following
is guilty of a Class B felony:(a) Has sexual contact or sexual intercourse with another person
without consent of that person and causes pregnancy or great
bodily harm to that person.

(b) Has sexual contact or sexual intercourse with another person
without consent of that person by use or threat of use of adangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a dangerous
weapon.
(c) Is aided or abetted by one or more other persons and has sexual
contact or sexual intercourse with another person without consent of that person by use or threat of force or violence.
(2) SECOND DEGREE SEXUAL ASSAULT. Whoever does any of the following is guilty of a Class C felony:(a) Has sexual contact or sexual intercourse with another person
without consent of that person by use or threat of force or violence.
(b) Has sexual contact or sexual intercourse with another person
without consent of that person and causes injury, illness, disease or impairment of a sexual or reproductive organ, or mental
anguish requiring psychiatric care for the victim.
(c Has sexual contact or sexual intercourse with a person who
suffers from a mental illness or deficiency which renders that
person temporarily or permanently incapable of appraising theperson's conduct, and the defendant knows of such condition.
(cm)Has sexual contact or sexual intercourse with a person who isunder the influence of an intoxicant to a degree which renders
that person incapable of giving consent if the defendant has
actual knowledge that the person is incapable of giving consent
and the defendant has the purpose to have sexual contact orsexual intercourse with the person while the person is incapableof giving consent.
(d) Has sexual contact or sexual intercourse with a person who thedefendant knows is unconscious.
(f) Is aided or abetted by one or more other persons and has sexual
contact or sexual intercourse with another person without theconsent of that person.
(g) Is an employee of a facility or program under s. 940.295 (2) (b),(c), (h) or (k) and has sexual contact or sexual intercourse with aperson who is a patient or resident of the facility or program.
(h) Has sexual contact or sexual intercourse with an individual
who is confined in a correctional institution if the actor is acorrectional staff member. This paragraph does not apply if theindividual with whom the actor has sexual contact or sexualintercourse is subject to prosecution for the sexual contact orsexual intercourse under this section.
(i) Has sexual contact or sexual intercourse with an individual who
is on probation, parole, or extended supervision if the actor isa probation, parole, or extended supervision agent who supervises the individual, either directly or through a subordinate, in
his or her capacity as a probation, parole, or extended supervision agent or who has influenced or has attempted to influenceanother probation, parole, or extended supervision agent's
supervision of the individual. This paragraph does not apply if
the individual with whom the actor has sexual contact or sexualintercourse is subject to prosecution for the sexual contact orsexual intercourse under this section.
(j) Is a licensee, employee, or nonclient resident of an entity, as
defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual
contact or sexual intercourse with a client of the entity.
(3) THIRD DEGREE SEXUAL ASSAULT.
(a) Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class G felony.
(b) Whoever has sexual contact in the manner described in sub. (5)(b) 2. or 3. with a person without the consent of that person is
guilty of a Class G felony.
(3.m.) FOURTH DEGREE SEXUAL ASSAULT. Except as provided in sub.
(3), whoever has sexual contact with a person without the consent
of that person is guilty of a Class A misdemeanor.

Domestic/Dating Violence

Arizona
Arizona (A.S.R. 13-3601)
A. “Domestic violence” means any act that is a dangerous crime
against children as defined in § 13-705 or an offense prescribed in§ 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 131203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425,
13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, § 13-2904,
subsection A, paragraph 1, 2, 3 or 6, § 13-2910, subsection A,
paragraph 8 or 9, § 13-2915, subsection A, paragraph 3 or § 132916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or
13-3623, if any of the following applies:
1. The relationship between the victim and the defendant is oneof marriage or former marriage or of persons residing or having
resided in the same household.
2. The victim and the defendant have a child in common.
3. The victim or the defendant is pregnant by the other party.
4. The victim is related to the defendant or the defendant's spouseby blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, stepgrandchild, brother-in-law or sister-in-law.
5. The victim is a child who resides or has resided in the same
household as the defendant and is related by blood to a former
spouse of the defendant or to a person who resides or who has
resided in the same household as the defendant.
6. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The
following factors may be considered in determining whether the
relationship between the victim and the defendant is currently
or was previously a romantic or sexual relationship:(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and thedefendant.
(d) If the relationship has terminated, the length of time since
the termination.

KansasKansas (K.S.A. 1-5414)(a) Domestic battery is:(1) Knowingly or recklessly causing bodily harm to a person withwhom the offender is involved or has been involved in a dating
relationship or a family or household member; or(2) knowingly causing physical contact with a person with whom theoffender is involved or has been involved in a dating relationshipor a family or household member, when done in a rude, insulting
or angry manner.
(b) Aggravated domestic battery is:(1) Knowingly impeding the normal breathing or circulation of theblood by applying pressure on the throat, neck or chest of aperson with whom the offender is involved or has been involvedin a dating relationship or a family or household member, when
done in a rude, insulting or angry manner; or(2 knowingly impeding the normal breathing or circulation of theblood by blocking the nose or mouth of a person with whom theoffender is involved or has been involved in a dating relationshipor a family or household member, when done in a rude, insulting
or angry manner.
***(e) As used in this section:(1) “Dating relationship” means a social relationship of a romantic
nature. In addition to any other factors the court deems relevant,the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Natureof the relationship, length of time the relationship existed,frequency of interaction between the parties and time since thetermination of the relationship, if applicable;(2) “family or household member” means persons 18 years of age orolder who are spouses, former spouses, parents or stepparents
and children or stepchildren, and persons who are presently
residing together or who have resided together in the past, andpersons who have a child in common regardless of whether
they have been married or who have lived together at any time.
“Family or household member” also includes a man and woman
if the woman is pregnant and the man is alleged to be the father,regardless of whether they have been married or have lived
together at any time; andWisconsin
Wisconsin (Wis. Stat. 940.19)
In Wisconsin, there are no specific Domestic Violence statutes; persons
are prosecuted under relevant statutes such as battery, etc.. Below is thestatute for battery.
(1) Whoever causes bodily harm to another by an act done with intent tocause bodily harm to that person or another without the consent of
the person so harmed is guilty of a Class A misdemeanor.
(2) Whoever causes substantial bodily harm to another by an act donewith intent to cause bodily harm to that person or another is guilty
of a Class I felony.
(4) Whoever causes great bodily harm to another by an act done withintent to cause bodily harm to that person or another is guilty of aClass H felony.
(5) Whoever causes great bodily harm to another by an act done withintent to cause great bodily harm to that person or another is guilty
of a Class E felony.
(6) Whoever intentionally causes bodily harm to another by conduct thatcreates a substantial risk of great bodily harm is guilty of a Class H
felony. A rebuttable presumption of conduct creating a substantial
risk of great bodily harm arises:(a) If the person harmed is 62 years of age or older; or(b) If the person harmed has a physical disability, whether congenitalor acquired by accident, injury or disease, that is discernible byan ordinary person viewing the physically disabled person, orthat is actually known by the actor.
Stalking

Arizona
Arizona (A.R.S. 13-2923)
A. A person commits stalking if the person intentionally or knowingly
engages in a course of conduct that is directed toward another person and if that conduct causes the victim to:
1. Suffer emotional distress or reasonably fear that either:(a) The victim’s property will be damaged or destroyed.
(b) Any of the following will be physically injured:(i) The victim.
(ii) The victim’s family member, domestic animal or livestock.
(iii) A person with whom the victim has or has previously
had a romantic or sexual relationship.
(iv) A person who regularly resides in the victim’s householdor has resided in the victim’s household within the six
months before the last conduct occurred.
2 Reasonably fear death or the death of any of the following:(a) The victim’s family member, domestic animal or livestock.
(b) A person with whom the victim has or has previously had aromantic or sexual relationship.
(c) A person who regularly resides in the victim’s household or
has resided in the victim’s household within the six months
before the last conduct occurred.
B. This section does not apply to an interactive computer service, as
defined in 47 United States Code section 230(f)(2), or to an informa-tion service or telecommunications service, as defined in 47 UnitedStates Code section 153, for content that is provided by anotherperson.
C. Stalking under subsection A, paragraph 1 of this section is a class 5
felony. Stalking under subsection A, paragraph 2 of this section isa class 3 felony.
D. For the purposes of this section:
1. “Course of conduct”:(a) Means directly or indirectly, in person or through one ormore third persons or by any other means, to do any of thefollowing:(i) Maintain visual or physical proximity to a specific person or direct verbal, written or other threats, whether
express or implied, to a specific person on two or more
occasions over a period of time, however short.
(ii) Use any electronic, digital or global positioning system
device to surveil a specific person or a specific person’sinternet or wireless activity continuously for twelve
hours or more or on two or more occasions over a periodof time, however short, without authorization.
(iii) Communicate, or cause to be communicated on morethan one occasion, words, images or language by or
through the use of electronic mail or an electronic communication that is directed at a specific person withoutauthorization and without a legitimate purpose.
(b) Does not include constitutionally protected activity or otheractivity authorized by law, the other person, the other person’s authorized representative or if the other person is aminor, the minor’s parent or guardian.
2. “Emotional distress” means significant mental suffering or
distress that may, but does not have to, require medical or otherprofessional treatment or counseling.

KansasKansas (K.S.A. 21-5427)(a) Stalking is:(1) Recklessly engaging in a course of conduct targeted at a specificperson which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety,or the safety of a member of such person's immediate family
and the targeted person is actually placed in such fear;(2) engaging in a course of conduct targeted at a specific personwith knowledge that the course of conduct will place the targeted person in fear for such person's safety or the safety of amember of such person's immediate family; or(3) after being served with, or otherwise provided notice of, any
protective order included in K.S.A. 21-3843, prior to its repeal
or K.S.A. 2011 Supp. 21-5924, and amendments thereto, thatprohibits contact with a targeted person, recklessly engaging
in at least one act listed in subsection (f)(1) that violates theprovisions of the order and would cause a reasonable person tofear for such person's safety, or the safety of a member of such
person's immediate family and the targeted person is actuallyplaced in such fear.
***(f) As used in this section:(1) "Course of conduct" means two or more acts over a period oftime, however short, which evidence a continuity of purpose. A
course of conduct shall not include constitutionally protected
activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted
person. A course of conduct shall include, but not be limited to,any of the following acts or a combination thereof:(A) Threatening the safety of the targeted person or a memberof such person's immediate family;

(B) following, approaching or confronting the targeted person ora member of such person's immediate family;(C) appearing in close proximity to, or entering the targeted person's residence, place of employment, school or other place
where such person can be found, or the residence, place of
employment or school of a member of such person's immediate family;(D) causing damage to the targeted person's residence or property or that of a member of such person's immediate family;(E) placing an object on the targeted person's property or theproperty of a member of such person's immediate family,
either directly or through a third person;(F) causing injury to the targeted person's pet or a pet belonging
to a member of such person's immediate family;(G) any act of communication;(2) "communication" means to impart a message by any methodof transmission, including, but not limited to: Telephoning, personally delivering, sending or having delivered, any informationor material by written or printed note or letter, package, mail,courier service or electronic transmission, including electronictransmissions generated or communicated via a computer;(3) "computer" means a programmable, electronic device capableof accepting and processing data;(4) "conviction" includes being convicted of a violation of K.S.A. 213438, prior to its repeal, this section or a law of another state
which prohibits the acts that this section prohibits; and(5) "immediate family" means father, mother, stepparent, child,stepchild, sibling, spouse or grandparent of the targeted person;
any person residing in the household of the targeted person; orany person involved in an intimate relationship with the targeted
person.

Wisconsin
Wisconsin (Wis. Stat. 940-32)(1) In this section:(a) "Course of conduct" means a series of 2 or more acts carriedout over time, however short or long, that show a continuity of
purpose, including any of the following:
1. Maintaining a visual or physical proximity to the victim.
2. Approaching or confronting the victim.
3. Appearing at the victim’s workplace or contacting the victim’s employer or coworkers.
4. Appearing at the victim’s home or contacting the victim’s
neighbors.
5. Entering property owned, leased, or occupied by the victim.
6. Contacting the victim by telephone or causing the victims
telephone or any other persons telephone to ring repeatedly or continuously, regardless of whether a conversation
ensues.
6m. Photographing, videotaping, audio taping, or, through anyother electronic means, monitoring or recording the activities of the victim. This subdivision applies regardless of
where the act occurs.
7. Sending material by any means to the victim or, for the purpose of obtaining information about, disseminating information about, or communicating with the victim, to a memberof the victim’s family or household or an employer, coworker,
or friend of the victim.
8. Placing an object on or delivering an object to property
owned, leased, or occupied by the victim.
9. Delivering an object to a member of the victim’s family orhousehold or an employer, coworker, or friend of the victim
or placing an object on, or delivering an object to, property
owned, leased, or occupied by such a person with the intent
that the object be delivered to the victim.
10. Causing a person to engage in any of the acts described insubds. 1. to 9.

(am)"Domestic abuse" has the meaning given in s. 813.12 (1) (am)(ap) "Domestic abuse offense" means an act of domestic abuse that
constitutes a crime.
(c) "Labor dispute" includes any controversy concerning terms, tenure or conditions of employment, or concerning the association
or representation of persons in negotiating, fixing, maintaining,changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
(cb) "Member of a family" means a spouse, parent, child, sibling, or
any other person who is related by blood or adoption to another.
(cd) "Member of a household" means a person who regularly resides
in the household of another or who within the previous 6 months
regularly resided in the household of another.
(cg) "Personally identifiable information" has the meaning given ins. 19.62 (5)(cr) "Record" has the meaning given in s. 19.32 (2)(d) "Suffer serious emotional distress" means to feel terrified, intimidated, threatened, harassed, or tormented.
(2) Whoever meets all of the following criteria is guilty of a Class I felony:(a) The actor intentionally engages in a course of conduct directed
at a specific person that would cause a reasonable person under the same circumstances to suffer serious emotional distressor to fear bodily injury to or the death of himself or herself or amember of his or her family or household.
(b) The actor knows or should know that at least one of the acts that
constitute the course of conduct will cause the specific person
to suffer serious emotional distress or place the specific person
in reasonable fear of bodily injury to or the death of himself or
herself or a member of his or her family or household.
(c) The actors acts cause the specific person to suffer serious
emotional distress or induce fear in the specific person of bodily
injury to or the death of himself or herself or a member of his or
her family or household.
(2e) Whoever meets all of the following criteria is guilty of a Class I
felony:(a) After having been convicted of sexual assault under s. 940.225,
948.02, 948.025, or 948.085 or a domestic abuse offense, theactor engages in any of the acts listed in sub. (1) (a) 1. to 10.,
if the act is directed at the victim of the sexual assault or thedomestic abuse offense.
(b) The actor knows or should know that the act will cause the specific person to suffer serious emotional distress or place the specific person in reasonable fear of bodily injury to or the death ofhimself or herself or a member of his or her family or household.
(c) The actors act causes the specific person to suffer serious emotional distress or induces fear in the specific person of bodily
injury to or the death of himself or herself or a member of his or
her family or household.
(2m) Whoever violates sub. (2) is guilty of a Class H felony if any of thefollowing applies:(a) The actor has a previous conviction for a violent crime, as
defined in s. 939.632 (1) (e) 1., or a previous conviction
under this section or s. 947.013 (1r), (1t), (1v), or (1x)(b) The actor has a previous conviction for a crime, the victimof that crime is the victim of the present violation of sub.
(2), and the present violation occurs within 7 years after theprior conviction.
(c) The actor intentionally gains access or causes anotherperson to gain access to a record in electronic format that
contains personally identifiable information regarding thevictim in order to facilitate the violation.
(d) The person violates s. 968.31 (1) or 968.34 (1) in order tofacilitate the violation.
(e) The victim is under the age of 18 years at the time of theviolation.

(3) Whoever violates sub. (2) is guilty of a Class F felony if any of thefollowing applies:(a) The act results in bodily harm to the victim or a member ofthe victims family or household.
(b) The actor has a previous conviction for a violent crime, as
defined in s. 939.632 (1) (e) 1., or a previous conviction
under this section or s. 947.013 (1r), (1t), (1v) or (1x), thevictim of that crime is the victim of the present violation ofsub. (2), and the present violation occurs within 7 years
after the prior conviction.
(c) The actor uses a dangerous weapon in carrying out any of
the acts listed in sub. (1) (a) 1. to 9.
(3m) A prosecutor need not show that a victim received or will receive treatment from a mental health professional in order toprove that the victim suffered serious emotional distress undersub. (2) (c) or (2e) (c)(4)(a) This section does not apply to conduct that is or acts that are protected by the persons right to freedom of speech or to peaceably
assemble with others under the state and U.S. constitutions,
including, but not limited to, any of the following:
1. Giving publicity to and obtaining or communicating information regarding any subject, whether by advertising, speaking
or patrolling any public street or any place where any person
or persons may lawfully be.
2. Assembling peaceably.
3. Peaceful picketing or patrolling.
(b) Paragraph (a) does not limit the activities that may be considered to serve a legitimate purpose under this section.
(5) This section does not apply to conduct arising out of or in connection with a labor dispute.
(6) The provisions of this statute are severable. If any provision ofthis statute is invalid or if any application thereof is invalid, suchinvalidity shall not affect other provisions or applications which
can be given effect without the invalid provision or application.

CAMPUS PROCEDURES FOR ADDRESSING SEXUAL MISCONDUCT,DATING VIOLENCE, DOMESTIC VIOLENCE, STALKING, SEXUALHARASSMENT, AND OTHER ACTS OF SEX AND GENDERDISCRIMINATION
Any complaints or inquiries regarding sexual harassment of any memberof the Ottawa University community by or against any other member of the
Ottawa University community, including vendors and third-parties, should
be brought to the immediate attention of The Title IX Coordinator, Carrie
Stevens at 785-246-2326 or carrie.stevens@ottawa.edu. The University will
investigate such claims promptly and thoroughly. If, for any reason, a student wishes to complain or inquire regarding sexual harassment, but feels
it would not be appropriate to raise such issues with the Title IX Coordinator,
the student may inquire or complain to any Department Chair or any officerof the University at the level of Vice President or above, and such inquiries orcomplaints will receive a prompt and thorough investigation. If harassment
is established, the University will discipline the offender. Disciplinary action
for violations of this policy can range from verbal or written warnings, up to
and including immediate termination from employment or dismissal from the
University for serious or repeated violations.
For offenses including sexual misconduct or other gender based violence,
which typically include the crimes of domestic violence, dating violence,
sexual harassment, sexual misconduct, and stalking, sanctions range fromwarning to expulsion. Serious and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of rape) usually
result in suspension, expulsion, or termination of employment. Lying to investigators (and/or failing to participate in an investigation) can results inadditional consequences under the Code of Student Conduct. The sanctions
for students will be consistent with those available in the Student Code of
Conduct. The sanctions for employees will be consistent with those available

in the Employee Handbook. For students, options include but are not limited
to: no-contact orders, classroom reassignment, living space reassignment,
the provision of counseling or other support services, suspension of campus
activities, educational programming and training, and discipline including
up to probation, suspension in abeyance, suspension, expulsion, and otherappropriate institutional sanctions. For employees, options may include but
are not limited to: no-contact orders, classroom reassignment, the provisionof counseling or other support services, referral to the EAP program, training,
discipline including probationary status, termination, and other appropriate
institutional sanctions. In cases with faculty member respondents, a referral
may be made for further proceedings in accordance with faculty discipline
proceedings.
Procedurally, when the University receives a report of sexual misconduct,
gender-based violence, or other sex or gender discrimination, the campus
Title IX Coordinator is notified. If the victim wishes to access local community
agencies and/or law enforcement for support, the University will assist thevictim in making these contacts. The Title IX Coordinator will offer assistanceto victims in the form of interim or long-terms measures such as opportunities for academic accommodations; changes in housing for the victim or the
responding student; visa and immigration assistance; changes in working
situations; and other assistance as may be appropriate and available on
campus or in the community (such as no contact orders, campus escorts,
transportation assistance, targeted interventions, etc.). If the victim so desires, that individual will be connected with a counselor on- or off-campus,
as well as an on-or off-campus victim’s advocate. No victim is required totake advantage of these services and resources, but the [College/University]
provides them in the hopes of offering help and support without condition or
qualification. A summary of rights, options, supports, and procedures, in theform of this document, is provided to all victims, whether they are students,
employees, guests, or visitors.
When appropriate upon receipt of notice, the Title IX Coordinator will cause
a prompt, fair, and impartial process to be initiated, commencing with aninvestigation, which may lead to the imposition of sanctions based upon a
preponderance of evidence (what is more likely than not), upon a responding
student or other accused individual. Procedures detailing the investigation
and resolution processes of the University can be found online here: (Ottawa
University Sexual Misconduct Policy). The Coordinator is ultimately responsible for assuring in all cases that the behavior is brought to an end, theUniversity acts to reasonably prevent its recurrence, and the effects on thevictim and the community are remedied. The Coordinator is also responsible
for assuring that training is conducted annually for all advocates, investigators, hearing officers, panelists, and appeals officers that encompass ahearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating
violence, sexual assault, stalking, sexual harassment, retaliation, and otherbehaviors that can be forms of sex or gender discrimination covered by Title
IX and Clery Act. Training will help those decision-makers in the process ofprotecting the safety of victims and promoting accountability for those who
commit offenses.
The investigation and records of the resolution conducted by the University
are maintained confidentially. Information is shared internally between
administrators who need to know, but a tight circle is kept. Where information must be shared to permit the investigation to move forward, the personbringing the accusation will be informed. Privacy of the records specific to
the investigation is maintained in accordance with State law and the federal
FERPA statute. Any public release of information needed to comply with theopen crime logs or timely warning provisions of the Clery Act will not include
the names of victim or information that could easily lead to a victim’s identification. Additionally, the University maintains privacy in relation to any
accommodations or protective measures afforded to a victim, except to theextent necessary to provide the accommodations and/or protective measures. Typically, if faculty members or administrators are asked to provide
accommodations for a specific student, they are told that such accommodations are necessary under Title IX or the Clery Act, but they are not given any
details of the incident, or what kind of incident it is. Irrespective of state law
or public records access provisions, information about victims is maintained
privately in accordance with Title IX and FERPA.

In any complaint of sexual misconduct, sexual assault, stalking, dating
violence, domestic violence, or other sex or gender-based discrimination
covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities fora support person of their choice throughout and to fully participate in theprocess, including any meeting, conference, hearing, appeal, or otherprocedural action. The role of advisors is described in detail in the Sexual
Misconduct Policy. Once complete, the parties will be informed, in writing, ofthe outcome, including the finding, the sanctions (if any), and the rationale
therefor. Delivery of this outcome to the parties will occur without undue
delay between notifications. All parties will be informed of the University’s
appeal processes, and their rights to exercise a request for appeal. Should
any change in outcome occur prior to finalization, all parties will be timely
informed in writing, and will be notified when the results of the resolution
process become final.
Both Title IX and the Clery Act provide protections for whistleblowers whobring allegations of non-compliance with the Clery Act and/or Title IX to theattention of appropriate campus administrators. The University does not
retaliate against those who raise concerns of non-compliance. Any concerns
should be brought to the immediate attention of the campus Title IX Coordinator Carrie Stevens, 785-248-2326, carrie.stevens@ottawa.edu and/or to
officials of the U.S. Department of Education.
Reporting of statistics under the Clery Act uses federal offenses definitions
that allow comparability across campuses, regardless of the state in which
the campus is located. These definitions are as follows:
Sex Offenses
Any sexual act directed against another person, without the consent of thevictim, including instances where the victim is incapable of giving consent.

Fondling
The touching of the private body parts of another person for the purpose of
sexual gratification, without the consent of the victim, including instanceswhere the victim is incapable of giving consent because of his/her age or
because of his/her temporary or permanent mental incapacity.

IncestSexual intercourse between persons who are related to each other within the
degrees wherein marriage is prohibited by law.

Statutory Rapeii. Dating violence does not include acts covered under the definition of domestic violence.
C. For the purposes of complying with the requirements of this sectionand § 668.41, any incident meeting this definition is considered acrime for the purposes of Clery Act reporting.

Domestic Violence
A felony or misdemeanor crime of violence committed:
A. By a current or former spouse;
B. By a person with whom the victim shares a child in common;
C. By a person who is cohabitating with, or has cohabitated with, thevictim as a spouse or intimate partner;
D. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crimeof violence occurred; orE. By any other person against an adult or youth victim who is protected

Stalking
Engaging in a course of conduct directed at a specific person that would
cause a reasonable person to:
A. Fear for the person’s safety or the safety of others; or
B. Suffer substantial emotional distress.
C. For the purposes of this definition, course of conduct means two
or more acts, including, but not limited to, acts in which the stalker
directly, indirectly, or through third parties, by any action, method,
device, or means, follows, monitors, observes, surveils, threatens,
or communicates to or about a person, or interferes with a person’s
property.
Sex Offenders
In accordance to the Campus Sex Crimes Prevention Act of 2000, whichamends the Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act, the Jeanne Clery Act and the Family Educational
Rights and Privacy Act of 1974, the University is providing a link to the Arizona, Kansas, and Wisconsin State Sex Offender Registries. All sex offenders
are required to register in these states and to provide notice of each institution of higher education in the state at which the person is employed, carries
out a vocation, or is a student.

ArizonaSexual intercourse with a person who is under the statutory age of consent.

Arizona Sex Offender Registry: https://www.azdps.gov/services/public/
offenderDating Violence

KansasViolence committed by a person who is or has been in a social relationshipof a romantic or intimate nature with the victim.

Kansas Sex Offender Registry: https://www.kbi.ks.gov/registeredoffender/

A. The existence of such a relationship shall be determined based on
the reporting party’s statement and with consideration of the lengthof the relationship, the type of relationship, and the frequency ofinteraction between the persons involved in the relationship.
B. For the purposes of this definition:i. Dating violence includes, but is not limited to, sexual or physicalabuse or the threat of such abuse.

Wisconsin
Wisconsin Sex Offender Registry: https://appsdoc.wi.gov/public

Alcohol and Other Drug Policy
ALCOHOL AND OTHER DRUG POLICY
The alcohol policy for Ottawa University is in compliance with the laws of thestates of Arizona, Indiana, Kansas, and Wisconsin. Students who fail to comply
with the policies are subject to disciplinary action.
The alcohol policy at Ottawa University is based upon the recognition that:
1. The majority of the undergraduate student at the residential campusescannot legally consume alcohol;
2. A number of students who are of legal age to consume or possess alcohol choose not to do so; and,3. Alcohol abuse on college campuses across the nation can be problematic.
Ottawa University recognizes that abuse of alcohol and other drugs is a problem
on our nation’s campuses. Ottawa University condemns excessive consumptionof alcohol. The University also considers the decision of whether to consume
alcohol to be a value judgment on the part of each individual of legal age. All
University-housing units on the residential campuses are dry, substance-freebuildings. Some off campus University and University-sponsored housing options permit alcohol consumption with limitations for students of legal drinking
age (reference your campus section for details).

ALCOHOL IS PROHIBITED ON CAMPUS
Alcohol is prohibited on Ottawa University campuses. Exceptions to this policy
may be authorized by the campus Provost/President or Dean of Student Affairs
after review of specific situations, which present unique circumstances. Committing a city and/or state crime also constitutes a University violation.
1. All Ottawa University community members are expected to abide by any
and all city, state, and federal laws, in addition to the policies specific to
Ottawa University.
2. Possession or consumption of alcoholic beverages by an individual who
is under 21 is a violation of policy and city and state law.
3. Use of false identification to justify underage possession or consumption of alcoholic beverages is a violation of policy.
4. Furnishing alcoholic beverages to a minor is a violation of policy. It isalso a criminal violation of city and state law.
5. Hosting an event where alcohol is consumed by minors is a violation ofpolicy. It is also a criminal violation of city and state law.
6. Abusive or disruptive behavior related to the use/abuse of alcohol orbeer (alcoholic beverages) will not be tolerated on or off campus.
7. Paraphernalia related to alcohol consumption, including, but not limited
to beer bongs, beverage containers, funnels, keg taps, bottle caps, etc.
are prohibited in/on University and University-sponsored properties.
8. Organizations that receive budgetary support from the University, ororganizations that solicit funds for the purpose of college activities are
not allowed to use the funds to purchase alcoholic beverages.
9. Ottawa University reserves the right to report any incident of possible
legal violation to law enforcement officials.

10. Alcohol policy violations are cumulative during a student’s enrollment
tenure at Ottawa University.

ILLEGAL DRUGS ARE PROHIBITED ON CAMPUS
Students who are involved with drugs are encouraged to seek assistancethrough the University’s Student Health and Counseling Services or our community professional partners. These services are confidential. Ottawa University
will not tolerate unlawful possession, use, manufacture, distribution, or dispensing of illegal substances in or on property controlled by Ottawa University or at
University-sponsored events or programs. Drug paraphernalia and water pipes
are also prohibited. Examples of violations include:•

Misuse of over-the-counter drugs•

Misuse or sharing of prescription drugs•

Possessing, using, being under the influence of, distributing, or manufacturing any form of illegal drug•

Possessing paraphernalia (i.e. rolling papers, pipes, bongs, etc.) for
intended or implied use of any form of illegal drug•

Possessing paraphernalia that contains or appears to contain illegal
drug residue•

Purchasing or passing illegal drugs from one person to another•

Using mail services to purchase, pass, or distribute illegal drugs

Students found responsible for possession, use, or distribution of illegal drugs
will face appropriate disciplinary action including but limited to separationfrom the University. Ottawa University is a partner with the local community law
enforcement and does not provide immunity or protection from prosecution by
local authorities. This policy provides flexibility for the University in addressing
drug-related offenses which occur on or off campus. The focus of the policy is
to ensure that students are engaging in behaviors that will lead to successful
completion of their academic goals, and to that end, the University also considers any violations relative to illegal drugs a major offense that may be referred
to local law enforcement.

SAFE HARBOR
The University seeks to empower students with addiction problems to seek
assistance. A safe harbor rule exists at Ottawa University to assist students in
obtaining the resources necessary to overcome addiction issues. If any University student brings their own use, addiction, or dependency to the attention ofa University official outside the threat of drug tests or imposition of the conduct
process and seeks assistance, a student conduct complaint will not be pursued.
A written action plan may be used to track cooperation with the Safe Harbor program by the student. Failure to follow the action plan will nullify the Safe Harbor
protection and the campus conduct process will be initiated.

GOOD SAMARITAN CLAUSE
Any student who seeks assistance for him/herself or another student from Campus Security, Residence Life, or professional medical personnel, for intoxication
or overdose shall not be subject to formal Conduct System.
This refers to isolated incidents only and does not excuse or protect those who
flagrantly and/or repeatedly violate the Ottawa University alcohol policy. It applies only to cases of suspected extreme intoxication or other life-threatening

circumstances due to alcohol and does not extend to related infractions suchas assault or property damage. Although formal disciplinary action may not
be invoked, mandatory referrals for educational sessions and/or assessment at the student’s own expense may be made.

the tiers is grounds for suspension or dismissal. As part of the readmissions
process, all students who are suspended based on cumulative alcohol violations must provide evidence they may successfully engage in their education
at Ottawa University without further issues with alcohol.

VIOLATION OF LAW AND UNIVERSITY DISCIPLINE

Tier One Violations (may include, but are not limited to):1. University conduct proceedings may be instituted against a student
charged with conduct that potentially violates both the criminal law
and this Student Code, if both possible violations result from thesame factual situation, without regard to the pendency of civil or
criminal litigation in court or criminal arrest and prosecution. Proceedings under this Code may be carried out prior to, simultaneously
with, or following civil or criminal proceedings off campus at the discretion of the Student Conduct Administrator. Determinations madeor sanctions imposed under this Code shall not be subject to change
because criminal charges arising out of the same facts giving rise toviolation of University rules were dismissed, reduced, or resolved infavor of or against the criminal law defendant.
2. When a student is charged by federal, state, or local authorities
with a violation of law, the University will not request or agree tospecial consideration for that individual based on his/her status
as a student. If the alleged offense is also being processed under
the Student Code, the University may advise off-campus authoritiesof the existence of the Student Code and of how such matters are
typically handled with the University community. The University willattempt to cooperate with law enforcement and other agencies inthe enforcement of criminal law on campus and in the conditions
imposed by criminal courts for the rehabilitation of student violators
provided that the conditions do not conflict with campus policies orsanctions. Individual students and other members of the University
community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

ALCOHOL
Alcohol sanctions differ between campuses, as well as University andUniversity-sponsored housing units. It is the student’s responsibility to know
the sanctions that apply to his/her circumstances.
Containers promoting alcohol consumption and/or once contained any
alcoholic beverage are prohibited on University and University-sponsoredproperties. This prohibition includes, but not limited to:
•
•
•
•
•
•
•
•
•
•
•

Shot glasses
Beer cans/bottles
Liquor bottles
Wine bottles
Kegs
Funnels
Beer bongs
FlasksGames/Activities simulating alcohol consumption
Items with the intent to conceal alcohol
Items promoting any alcoholic brand (i.e. t-shirts, posters, etc.)

Please note, any décor made from any type of alcohol container is considered paraphernalia and is not permitted. Discovery of an empty alcoholic
beverage container or other alcoholic paraphernalia will require immediate
discarding of the item in the presence of a residence life staff member. If
a student is asked on more than one occasion to dispose of empty alcohol
containers or paraphernalia, they will be referred to a Conduct Administrator.
Alcohol Violations and Sanctions
Ottawa University seeks to educate students about responsible drinking
behaviors. To clearly note, a total of three (3) alcohol violations are deemed
the maximum number a student may accumulate throughout his/her careerat Ottawa University. The fourth violation at any tier or combination of any of•Being in the presence of alcohol, on more than one occasion•

Possessing Alcohol Containers & Alcohol Paraphernalia, on morethan one occasion

Tier One Sanctions (may include, but are not limited to):
•
•
•
•
•

Disciplinary Warning for up to the academic year
Fine of $50-$150
Five to Ten (5-10) Hours Community Restitution
Alcohol Education Program
Disciplinary Paper

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).
A student may only have one (1) Tier 1 Violation during his/her time at Ottawa University. A second Tier 1 Violation moves the violation to a Tier 2 status.
Tier Two Violations (may include, but are not limited to):•••More than one (1) Tier 1 Violation
Possessing or consuming alcoholYour guest in possession (regardless if they are signed in to the hallor not) of alcohol (any quantity)• Public consumption- public areas, such as buildings within the perimeters of campus and University grounds.
• Public intoxication• Destruction of property related to alcohol
Tier Two Sanctions (may include, but are not limited to):
•
•
•
•
•
•
•
•
•

Disciplinary Probation up to suspension for the remaining semester
Parent Notification Letter (if a student is under 21 at the time ofviolation)
Fine of $150-$300
Alcohol Education Program
Reflection Paper
Ten to Twenty (10-20) Community Restitution Hours
Removal from Ottawa University Housing or change in housing assignment
Referral to Counselor. Follow all recommendations.
Repayment of any costs to repair/replace property damaged

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).
A student may only have one (1) Tier 2 Violation during his/her time at Ottawa University. A second Tier 2 Violation moves the violation to a Tier 3 status.
Tier Three Violations (may include, but are not limited to):
•
•
•
•
•

More than one (1) Tier 2 Violation
Ticketed and/or arrested as a result of alcohol
Providing alcohol to minors
Coercing or forcing another individual to consume alcohol
Public intoxication leading to harm to self or others•

Public intoxication leading to property damage, disruption to thecommunity

Tier Three Sanctions (may include, but are not limited to):
•
•
•
•
•
•
•
•
•

Disciplinary Probation up to expulsion for an academic year
Parent Notification Letter (if a student is under 21 at the time ofviolation)
Fine of $300-$500
Alcohol Education Program
Reflection Paper
Twenty to Forty (20-40) Community Restitution Hours
Removal from Ottawa University Housing or change in housing assignment
Referral to Counselor. Follow all recommendations.
Repayment of any costs to repair/replace property damaged

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).
A student may only have one (1) Tier 3 Violation during his/her time at Ottawa University. A subsequent violation will lead to suspension or dismissalfrom Ottawa University.

CONTROLLED SUBSTANCES AND DRUG
Violations associated with controlled substances and illegal drugs are managed under drug sanctions. Drug sanctions differ between campuses. It
is the student’s responsibility to know the sanctions that apply to his/her
circumstances and locations.
Students can only have two drug-related policy violations in total with the
exception of a Tier 3 violation in which the student faces immediate suspension/dismissal.
The illegal possession, use, sale, manufacturing, or distribution of drugs is aviolation of the law and is prohibited. The illegal possession or use of drugs
may subject individuals to criminal prosecution. The University will refer violations to appropriate authorities for prosecution on any Ottawa University
campus or at any Ottawa University event. This prohibition includes, but notlimited to:
•
•
•
•
•

The use of non-prescribed controlled substances
Improper use of prescription medications
Possession and trafficking (manufacturing, dispensing, or selling) ofcontrolled substances
Possession of drug related paraphernalia (i.e. water bongs, bongs,
bowls, and other common containers) is not permitted
Disruptive or disrespectful behavior, property damage or personalharassment as a consequence of illicit drugs or controlled substances is strictly prohibited. Any person found in violation of this policy
will be subject to various applicable University disciplinary actions
which could include suspension or dismissal and will be reported tothe appropriate local, state and Federal authorities.

Containers promoting drug usage and/or once containing any illegal drugs
are prohibited. This prohibition includes, but not limited to:
•
•
•
•
•
•
•

Bongs
Bowls
Rolled Papers
Pipes
Homemade One-Time Use Devices
Items with the intent to conceal drugs
Items promoting any drug company

Please note, any décor made from any type of drug container is consideredparaphernalia and is not permitted. Discovery of an empty drug container orparaphernalia will require immediate discarding of the item in the presenceof a residence life professional staff member.
Drug Violations and Sanctions
Below is the list of drug-related violations and sanctions.
Tier One Violations (may include, but are not limited to):••Possession of Drug Paraphernalia/Drug Container Violation
In the presence of drugs (illegal, non-prescribed (to you), synthetic,
etc.)

Tier One Sanctions (may include, but are not limited to):
•
•
•
•
•
•

Disciplinary Probation for up to the academic year
Fine of $100-$300
Ten-Twenty (10-20) Hours Community Restitution
Educational Sanction(s)Drug Assessment and Treatment as deemed necessary by designated Counselor
Parent Notification Letter

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).
A student may only have one (1) Tier 1 Violation during his/her time at Ottawa University. A second Tier 1 Violation moves the violation to a Tier 3 status.
Tier Two Violations (may include, but are not limited to):
•
•
•
•
•
•
•
•

The use of non-prescribed controlled substances
Improper use of prescription medications
Possession of drugs (regardless of amount)
Disruptive or disrespectful behavior as a consequence of illicit drugs
or controlled substances
Public inebriation leading to harm to self or others
Public inebriation leading to property damage, disruption to the community
Failure of Athletic Drug Test
Ticketed and/or arrested as a result of drugs or controlled substances

Tier Two Sanctions (may include, but are not limited to):
•
•
•
•
•
•
•
•

Disciplinary Probation up to suspension/dismissal
Fine of $300-$500
Twenty-Thirty (20-30) Hours Community Restitution
Educational Sanction(s)Drug Assessment and Treatment as deemed necessary by designated Counselor
Parent Notification Letter
Repayment of any costs to repair/replace property damaged
Removal from Ottawa University Housing or change in housing assignment

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).
A student may only have one (1) Tier 2 Violation during his/her time at Ottawa University. A subsequent violation may result in suspension or dismissal.
Tier Three Violations (may include, but are not limited to):•Two violations of the drug policy (any combination of Tier 1 or Tier 2
violations)•••

Coercing or forcing another individual to consume a controlled substance and/or illicit drugs
Dealing, selling and/or trafficking controlled substances
Dealing, selling and/or trafficking illicit drugs

Tier Three Sanctions (may include, but are not limited to):
•
•
•
•
•
•

Suspension/Dismissal
Fine of $500+
Thirty-Forty (30-40) Hours Community Restitution
Educational Sanction(s)Drug Assessment and Treatment as deemed necessary by designated Counselor
Parent Notification Letter

Please note, all assigned sanctions will correspond with a penalty fee andhave a due date. Each penalty fee will be added to a student’s account andremain unless the sanction(s) are completed by their corresponding due
date. Students who fail to complete their sanction(s) by the designateddue date will forfeit the opportunity to remove the fee associated with eachsanction and will still be held responsible for completing their sanction(s).

FURTHER CONSIDERATIONS REGARDING VIOLATIONS
1. In the absence of clear mitigating circumstances (resident away forthe evening, etc.), all residents of the room/suite in which an Alcoholand Other Drug Policy violation occurs will be charged with a violation.

2. Violations of this policy by individuals or groups will be referred to the
Office of Student Affairs. The University conduct process will apply.
All violations of this policy are cumulative and carry over throughout
a student’s career at Ottawa University. The degree of sanctioning
for a student may depend on a number of factors including but notlimited to the level of the violation, any mitigating factors regarding
the incident, and the number and type of past violations.
3. Student-athletes are also subject to additional sanctions from theAthletic Department. The Director of Athletics will be notified of any
alcohol-related issue/violation.
4. Additional sanctions may be recommended for any level of violation
based on the circumstances of each individual incident. These additional sanctions may include but are not limited to:•

Suspension of co-curricular activities•

Required involvement with a student organization•

Other educational sanctions as developed and assigned by a
Conduct Administrator

Drug and Alcohol Abuse
Prevention Policy
DRUG AND ALCOHOLABUSE PREVENTION POLICYINTRODUCTION
Ottawa University is committed to providing a safe, healthy learning community
for all its members. The University recognizes that the improper and excessive
use of alcohol and other drugs may interfere with the University’s mission
by negatively affecting the health and safety of students, faculty and staff.
Problems such as vandalism, assault, harassment, sexual misconduct, anddisruption of sleep and study space increase in relation to misuse. It is due tothe harm caused by excessive and illegal use that the University has a vested
interest in establishing polices to prohibit unlawful behavior and sanctions toaddress policy violations by members of the University community.
Under the Drug-free Workplace Act and the Drug-free Schools and Communities Act, the University is required to have an alcohol and other drug policy anddistribute this policy annually to all employees and students. This Policy mustoutline the University’s prevention, education and intervention efforts, andconsequences that may be applied by both the University and external authorities for policy violations. The law also requires that individuals be notified of
possible health risks associated with the use and abuse of alcohol and otherdrugs, and sources of assistance for problems that may arise as a result of use.

UNIVERSITY ALCOHOL AND OTHER DRUG POLICY
For the purpose of this Policy, the term “drug” includes:
1. controlled substances, as defined in 21 USC 802, which cannot belegally obtained
2. legally obtainable controlled substances which were not legally obtained, including:oPrescribed drugs when prescription is no longer valid (e.g. use of
medication after a course of treatment is completed);oPrescribed drugs used contrary to the prescription;oPrescribed drugs issued to another person.

tinue to use medication when the prescription is no longer valid, use prescribeddrugs contrary to the prescription, and give or sell prescribed drugs to anotherperson. Misusing prescription drugs can result in conviction with jail time. The
specific details of the University Alcohol and Other Drug Policy can be found in
Appendix B of the Student Handbook.

OTTAWA UNIVERSITY ALCOHOL AND OTHER DRUG PREVENTIONSTRATEGIESThe University uses evidenced-based strategic interventions, collaboration, innovation and the incorporation of the wellness dimensions to reduce harmful
consequences of alcohol and other drug use.
•

Providing education and awareness activities.

•

Offering substance-free social, extracurricular, and public service options.

•

Creating a health-promoting normative environment.

•

Restricting the marketing and promotion of alcohol and other drugs.

•

Limiting availability of alcohol and other drugs.

•

Developing and enforcing campus policies and enforce laws to address
high-risk and illegal alcohol and other drug use.

•

Providing early intervention and referral for treatment.

For more detailed information on the University alcohol and other drug prevention strategies, contact the campus Office of Student Affairs at 623-233-7611(OUAZ — Surprise, Arizona) or 785-248-2313 (OUKS — Ottawa, Kansas) or the
University Associate Vice President of Compliance at 785-248-2326.

HEALTH RISKSThe use or abuse of alcohol and other drugs increases the risk for a number ofhealth-related and other medical, behavioral and social problems. Below is a
general description of the health risks associated with drug use.
Alcohol

All members of the campus community also are governed by laws, regulations
and ordinances established by the state and local municipalities, and will beheld accountable by law enforcement representatives of those entities for any
illegal activity. It is the responsibility of all campus members to be aware ofthese laws.

Can cause short-term effects such as loss of concentration and judgment;
slowed reflexes; disorientation leading to higher risk of accidents and problem
behavior; long-term effects include risk of liver and heart damage, malnutrition,
cancer and other illnesses; can be highly addictive to some persons.

Kansas, Wisconsin, Indiana, and Arizona law prohibits the dispensing, sellingor supplying of drugs or alcoholic beverages to a person under 21 years old.
Employees, students, faculty and campus visitors may not unlawfully manufacture, consume, possess, sell, distribute, transfer or be under the influenceof alcohol, illicit drugs or controlled substances on University property, whiledriving a University vehicle or while otherwise engaged in University business.
University property, as defined in this Policy, includes all buildings and land
owned, leased, or used by the University, and motor vehicles operated by employees, including personal motor vehicles, when used in connection with work
performed for or on behalf of the University unless exempted by the Board.

Can cause short-term effects such as rushed, careless behavior and pushing beyond your physical capacity, leading to exhaustion; tolerance increases
rapidly; long-term effects include physical and psychological dependence andwithdrawal can result in depression and suicide; continued high doses cancause heart problems, infections, malnutrition and death.

Any person taking prescription drugs or over-the-counter medication is personally responsible for ensuring that while taking such drugs or medications, he or
she is not a safety risk to themselves and others while on University property,
while driving a University or privately owned vehicle, or while otherwise engaged
in University business. It is illegal to misuse prescription medication, i.e. con-Amphetamines

Cannabis
Can cause short-term effects such as slow reflexes; increase in forgetfulness;alters judgment of space and distance; aggravate pre-existing heart and/or
mental health problems; long-term health effects include permanent damage
to lungs, reproductive organs and brain function; can interfere with physical,
psychological, social development of young users.
Cocaine (crack)
Can cause short-term effects such as impaired judgment; increased breathing, heart rate, heart palpitations; anxiety, restlessness, hostility, paranoia,

confusion; long-term effects may include damage to respiratory and immune
systems; malnutrition, seizures and loss of brain function; highly addictive.

Off-campus

Designer Drugs/Synthetic Cannabinoids (bath salts, K2, spice)www.na.org

Can cause short-term effects such as elevated heart rate, blood pressure
and chest pain; hallucinations, seizures, violent behavior and paranoia; maylead to lack of appetite, vomiting and tremor; long-term use may result inkidney/liver failure, increased risk of suicide and death.

Narcotics Anonymous

Alcoholics Anonymous
www.aa.org

Hallucinogens (PCP, LSD, ecstasy, dextromethorphan)

EAP Program

Can cause extreme distortions of what’s seen and heard; induces suddenchanges in behavior, loss of concentration and memory; increases risk ofbirth defects in user’s children; overdose can cause psychosis, convulsions,coma and death. Frequent and long-term use can cause permanent loss ofmental function.

800-624-5544

Inhalants (nitrous oxide, amyl nitrite, butyl nitrite, chlorohydrocarbons,hydrocarbons)
Can cause short-term effects such as nausea, dizziness, fatigue, slurredspeech, hallucinations or delusions; may lead to rapid and irregular heart
rhythms, heart failure and death; long-term use may result in loss of feeling,
hearing and vision; can result in permanent damage to the brain, heart,lungs, liver and kidneys.
Opiates/Narcotics(heroin, morphine, opium, codeine, oxycodone, china white) Can cause physical and psychological dependence; overdose can cause coma, convulsions,
respiratory arrest and death; long-term use leads to malnutrition, infection
and hepatitis; sharing needles is a leading cause of the spread of HIV andhepatitis; highly addictive, tolerance increases rapidly.
Sedatives
Can cause reduced reaction time and confusion; overdose can cause coma,
respiratory arrest, convulsions and death; withdrawal can be dangerous; in
combination with other controlled substances can quickly cause coma anddeath; long-term use can produce physical and psychological dependence;
tolerance can increase rapidly.
Tobacco (cigarettes, cigars, chewing tobacco)
Can cause diseases of the cardiovascular system, in particular smoking being a major risk factor for a myocardial infarction (heart attack), diseases of
the respiratory tract such as Chronic Obstructive Pulmonary Disease (COPD)
and emphysema, and cancer, particularly lung cancer and cancers of thelarynx and mouth; nicotine is highly addictive.
For an extensive list of health-related risks please visit The National Instituteon Drug Abuse: http://www.drugabuse.gov/

COUNSELING AND TREATMENT PROGRAMSThe University encourages individuals with alcohol- or other drug-related
problems to seek assistance. For information on these services, contact:
On-campus

Counseling Services
OUKS (Ottawa, Kansas)		

OUAZ (Surprise, Arizona)785-248-2582			602-749-5166

Health Service
OUKS (Ottawa, Kansas)		

OUAZ (Surprise, Arizona)785-248-2319			602-749-5166

Other Services for Students (Residential Offices of Student Affairs)
OUKS (Ottawa, Kansas)		

OUAZ (Surprise, Arizona)785-248-2313			623-233-7611

Services for Faculty and Staff
785-248-2350

www.ndbh.com•

Confidential counseling and consultation service for University faculty, staff, and their families.

•

Serve as an early intervention resource when work, health, and life
related issues arise.

•

Offer 24-hour availability for consultation and intervention on issues
relating to substance use disorders, both for leaders with questions
on how to handle workplace situations, as well as for faculty andstaff who want assistance, assessment, referral, and post-treatment
monitoring.

Ottawa, Kansas
Elizabeth Layton Center
785-242-3780 (weekdays)		

785-242-3781 (emergencies)

The Sexual Trauma and Abuse Care Center
785-843-8985			support@stacarecenter.org
Willow Domestic Violence Center
800-770-3030			785-843-3333

Surprise, Arizona
Community Bridges
602-861-2255

ALCOHOL PREVENTION PROGRAMSThe University has developed a program to prevent the illicit use of drugs
and the abuse of alcohol by students and employees. The program provides
services related to drug use and abuse including dissemination of informational materials, educational programs, counseling services, referrals andcollege disciplinary actions.
The Office of Student Affairs provides overall coordination of student-focused
drug and alcohol prevention programs. The Office of Human Resources focuses on staff and faculty. Many services are provided collaboratively by
various departments within the University.

UNIVERSITY SANCTIONSThe use or abuse of alcohol and other drugs also increases the risks forbehavioral and social problems such as negative effects on academic work
performance; conflicts with co-workers, classmates, family, friends andothers; conduct problems resulting in disciplinary action, including loss of
employment or dismissal from an academic program; and legal problems
resulting in ticketing, fines and imprisonment.
The laws of the state of Arizona, Kansas, and Wisconsin, and the University’s
policies prohibit the consumption or possession for personal consumption of
alcoholic beverages by persons under the age of 21 years. Further, they also
prohibit the sale, service or giving of alcoholic beverages to persons under
the age of 21. University policies, local ordinances, state laws and federal
laws also prohibit the unlawful possession, use and/or distribution of illicit
drugs and alcohol.
Violation of University policies will be subject to campus disciplinary review
and action, as follows:•Students
The University community has established expectations for nonacademic student conduct under the Alcohol and Other Drug Policy inAppendix B of the Student Handbook that specifically addresses theillicit use of alcohol and other drugs.

•

Staff and Faculty
Sanctions for violations by faculty and staff are governed by the
Employment Policies Handbook. Appropriate sanctions may include:
verbal or written warnings, a mandated rehabilitation program, probation, suspension, and termination. In each case, there are likely to
be different circumstances that are relevant for understanding thesituation and determining the appropriate sanction.

The following behaviors contradict the values of the University community
and are subject to action under this policy:•

Illegally possessing or using alcohol and drugs•

Illegally distributing, manufacturing, or selling alcohol and drugs•

Disruptive or disrespectful behavior, property damage or personalharassment as a consequence of using alcohol or drugs

The policy is administered by University and campus administration. At theresidential campuses, it is administered by the Office of Student Affairs.
These designees are charged with facilitating the resolution process used todetermine responsibility. Administration/staff work with parties to determine
appropriate educational measures and sanctions. These measures cover awide range of educational assignments and obligations, including but notlimited to counseling (on- or off-campus), community service, probation,suspension, or expulsion.

EXTERNAL SANCTIONS
Violations of laws and ordinances may result in misdemeanor or felony convictions accompanied by the imposition of legal sanctions, which include, but
are not limited to, the following:•

Fines as determined under local, state, or federal laws;•

Imprisonment, including up to life imprisonment, for possession ortrafficking in drugs such as heroin, cocaine, marijuana and prescription drugs;•

Forfeiture of personal and real property;/•

Denial of federal benefits such as grants, contracts and student
loans;•

Loss of driving privileges;•

Required attendance at substance abuse education or treatment
programs.

State Laws
The following State laws for Arizona, Kansas, and Wisconsin are not inclusiveof drug and alcohol violations and sanctions and are listed here only as areference for the most common drug and alcohol violations. This list is notprovided as legal advice.

Arizona
Alcohol
Under state law, it is illegal for anyone under the age of 21 to purchase,
consume or possess, or have any bodily content of alcohol. A first-time conviction may result in a fine, substance abuse education and treatment, community service and court-ordered drug screenings. There also is a provision
for possible imprisonment or probation for a second or subsequent offense.
Use of false identification by minors in obtaining alcohol is punishable witha fine, loss of driver’s license, probation and community service.
Individuals can be arrested and/or convicted of operating a vehicle while
intoxicated with a blood alcohol concentration (BAC) level at .08 or higher. If
a student is under 21, there is a “zero tolerance” law in the state of Arizona

and any blood alcohol level of .01 or higher can lead to a minor in possession(MIP) citation as well as being cited for operating a vehicle while intoxicated,
if applicable. This is in addition to suspension of driving privileges in thestate of Arizona. State law requires drivers who are arrested by the police fora suspected violation of this law to submit to scientific tests that determine
the amount of alcohol and/or drugs in their blood. Those who refuse willautomatically lose their driving privilege in Arizona for 1 year.
Marijuana
Although the use of medical marijuana is legal in the state of Arizona witha valid state issued medical marijuana card, the possession of any amountof marijuana on the University campus, including University housing andUniversity-sponsored housing, is a criminal violation and is subject tocriminal prosecution, regardless of whether the possessor has a medical
marijuana card or not.

KansasAlcohol-related offenses
It is illegal for anyone under 21 years of age to possess, purchase, attempt topurchase or consume cereal malt beverage or alcoholic liquor except where
specific exemptions are provided by law. Maximum Penalty: $200 minimum
fine (18-21 years of age); $500 fine (under 18 years of age); perform 40
hours of public service; attending an alcohol education program; and up to
1 year suspension of driving privileges.
It is illegal for anyone to furnish cereal malt beverage or alcoholic liquor toanother person under 21 years of age. Maximum Penalty: 6 months in jail;$200 minimum fine.
It is illegal for anyone to host a person under 21 in such a manner that
permits the minor to consume alcoholic liquor or cereal malt beverages.
Maximum Penalty: 1 year in jail, $1,000 minimum fine; performance ofcommunity service.
It is illegal for anyone to operate a vehicle under the influence of alcohol,
drugs, or both alcohol and drugs, with a breath or blood alcohol content of.08 or more. For anyone under 21, it is illegal to do so with a breath or blood
alcohol content of .02 or greater. If convicted, you are subject to the following penalties:
First Conviction (Misdemeanor)
Maximum Penalty: 6 months in jail ; $1,000 fine; required completion of an alcohol education program; suspended driver’s licensefor 30 days; then use of ignition interlock device for 180 days (1year suspension and subsequent 1 year ignition interlock device if
alcohol concentration is .15 or greater)
Second Conviction (Misdemeanor)
Maximum Penalty: 1 year in jail; $1,750 fine; completion of alcohol
treatment program; suspended driver’s license for 1 year; then useof ignition interlock device for 1 year (2 years, if alcohol concentration is .15 or greater)
Third Conviction (Misdemeanor)(Felony if prior conviction within preceding 10 years) Maximum Penalty: 1 year in jail;$2,500 fine; completion of alcohol treatment program; suspended driver’s license for 1 year; use of ignition interlock
device for 2 years (3 years, if alcohol concentration is .15 or greater),with costs.
Fourth Conviction (Felony)
Maximum Penalty: 1 year in jail; $2,500 fine; participation in alcohol abuse program; required mental health evaluation; suspended
driver’s license for 1 year, then use of ignition interlock device for 3
years (4 years, if alcohol concentration is .15 or greater), with costs.
Fifth & Subsequent Convictions (Felony)
Maximum Penalty: 1 year in jail; $2,500 fine; participation in alcohol abuse program; required mental health evaluation; suspended
driver’s license for 1 year, then use of ignition interlock device for 10
years, with costs.

Drugs
The illegal possession or illegal use of drugs may subject individuals to criminal prosecution. The University will refer violations of proscribed conduct toappropriate authorities for prosecution.
Kansas law also mandates for certain offenders a non-prison sanction ofplacement in drug abuse treatment programs. Certain other offenders,
including habitual drug users and those convicted of unrelated felonies,
remain subject to punishment of imprisonment.
The manufacture of a controlled substance is a drug severity level 2 felony.
Maximum Penalty: 12 years imprisonment; $500,000 fine.

escalate to a level 5 felony. Maximum Penalty: 1 year imprisonment; $2,500
fine. With a prior conviction for this offense: 3 1/2 years imprisonment;$100,000 fine.
The sale or distribution of these drugs is a drug severity level 4 felony andmay escalate to a drug severity level 1 felony. Maximum Penalty: 4 years &3 months imprisonment; $300,000 fine. With prior convictions for this offense: 17 years imprisonment; $500,000 fine.
Refusal to Submit to Alcohol or Drug Testing (Felony)
Penalty:

Illegal possession or use of opiates, amphetamines and narcotics is adrug severity level 5 felony. Maximum Penalty: 3 1/2 years imprisonment;$100,000 fine.
Unlawful possession or use of depressants*, stimulants, hallucinogenic
drugs (including marijuana and K-2), anabolic steroids, simulated controlled
substances and paraphernalia, as well as unlawfully obtaining and distributing prescription drugs is a Class A non-person misdemeanor and may

•
•
•
•

1st time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for two years.
2nd time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for three years,
3rd time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for four years,
4th time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for five years,

Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)
Schedule Substance / Quantity

Penalty

Substance/Quantity

Penalty

FIRST OFFENSE: Not less than 5
years and not more than 40 years.
If death or serious bodily injury,
not less than 20 years or morethan life. Fine of not more than $5
million if an individual, $25 million
if not an individual.

Cocaine
5 kilograms or more mixture

FIRST OFFENSE: Not less than
10 years and not more than life. If
death or serious bodily injury, notless than 20 years or more thanlife. Fine of not more than $10
million if an individual, $50 million
if not an individual.

II

Cocaine500-4,999 grams mixture

II

Cocaine Base
28-279 grams mixtureIV

Fentanyl40-399 grams mixture

I

Fentanyl Analogue
10-99 grams mixture

I

Heroin100-999 grams mixtureI

LSD
1-9 grams mixture

II

Methamphetamine
5-49 grams pure or
50-499 grams mixture

Methamphetamine
50 grams or more pure or 500
grams or more mixture

II

PCP
10-99 grams pure or100-999 grams mixture

PCP
100 grams or more pure or 1
killogram or more mixture

SECOND OFFENSE: Not less than
10 years and not more than life. If
death or serious bodily injury, life
imprisonment. Fine of not morethan $8 million if an individual,$50 million if not an individual.

Cocaine Base
280 grams or more mixture
Fentanyl
400 grams or more mixture
Fentanyl Analogue
100 grams or more mixture
Heroin1 kilgram or more mixture
LSD
10 grams or more mixture

SECOND OFFENSE: Not less than
20 years, and not more than life. If
death or serious bodily injury, life
imprisonment. Fine of not morethan $20 million if an individual,$75 million if not an individual.
2 OR MORE PRIOR OFFENSES:Life imprisonment. Fine of not
more than $20 milion if an
individual, $75 million if not an
individual

Substance / Quantity

PenaltyAny amount of other schedule I & II substances

FIRST OFFENSE: Not more than 20 years. If death or serious bodily injury, not less than 20 years or more thanlife. Fine $1 million if an individual, $5 million if not an individual.

Any drug product containing gammahydroxybutyric acidFlunitrazepam (Schedule IV)
1 gramAny amount of other schedule III drugs

SECOND OFFENSE: Not more than 30 years. If death or serious bodily injury, life imprisonment. Fine $2 million if
an individual, $10 million if not an individual.
FIRST OFFENSE: Not more than 10 years. If death or serious bodily injury, not less than 15 years or more thanlife. Fine $500,000 if an individual, $2.5 million if not an individual.
SECOND OFFENSE: Not more than 20 years. If death or serious bodily injury, not more than 30 years or morethan life. Fine not more than $1 million if an individual, $5 million if not an individual.

Any amount of other schedule IV drugs (otherthan one gram or more of Flunitrazepam)

FIRST OFFENSE: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an
individual.
SECOND OFFENSE: Not more than 10 years. Fine not more than $500,000 if an individual, $2 million if not an
individual.

Any amount of other schedule V drugs

FIRST OFFENSE: Not more than 1 year. Fine not more than $100,000 if an individual, $250,000 if not an
individual.
SECOND OFFENSE: Not more than 4 years. Fine not more than $200,000 if an individual, $500,000 if not an
individual.

•

5th time - suspended driver’s license for 1 year; driving is restrictedby ignition interlock device for ten years.

Individuals can be arrested and/or convicted of operating a vehicle while
intoxicated with a blood alcohol concentration (BAC) level at .08 or higher.

Possession, use, attempting to obtain, sale, and manufacture of alteredor false driver’s licenses or identification cards are prohibited by criminal
laws. Criminal convictions may jeopardize employment status in professions
requiring licensing, certification, or security clearances.

If a student is under 21, there is a “zero tolerance” law in the state of
Wisconsin and any blood alcohol level of .02 or higher can lead to a minor
in possession (MIP) citation, as well as being cited for operating a vehicle
while intoxicated, if applicable. This is in addition to suspension of driving
privileges in the state of Wisconsin.

It is illegal to lend a driver’s license or identification card to a person under
21 years of age in order to obtain cereal malt beverage and/or alcoholic
liquor.
Possession or display of any fictitious or fraudulently altered driver’s license
or identification card is a Class B nonperson misdemeanor. Maximum Penalty: 6 months in jail; $1,000 fine; completion of alcohol/drug education ortraining program.
Lending a driver’s license or identification card to a person under 21 yearsof age for use in obtaining cereal malt beverage and/or alcoholic liquor, isa Class B nonperson misdemeanor (first conviction): Maximum Penalty: atleast 100 hours public service; $500 fine; 6 months in jail; (severity level andpenalties increase with subsequent convictions).
Other crimes relating to false identification can have more severe consequences. Dealing in false identification documents is a severity level
9 nonperson felony. Penalties will vary based upon factors considered insentencing guidelines. Maximum Penalty: 23 months in jail; $100,000 fine.

Wisconsin
Alcohol
Under state law, it is illegal for anyone under the age of 21 to purchase,
consume or possess, or have any bodily content of alcohol. A first-time conviction may result in a fine, substance abuse education and treatment, community service and court-ordered drug screenings. There also is a provision
for possible imprisonment or probation for a second or subsequent offense.
Use of false identification by minors in obtaining alcohol is punishable with afine, loss of driver’s license, probation and community service.

Marijuana
The laws of the state of Wisconsin make the possession of marijuana (for the
first two infractions) a misdemeanor, punishable by a fine of $1,000 and/or
imprisonment of up to one year.
Federal Laws
A full description of federal sanctions for drug felonies can be found at:https://www.dea.gov/sites/default/files/drug_of_abuse.pdf#page=30 (orsee the chart at the bottom of the next page). The information, including thechart, in this section is not intended as legal advice; individuals should seek
independent legal counsel for advice.

EMPLOYEE REPORTING REQUIREMENT
Under the Drug-Free Workplace Act, in addition to the other requirements ofthis Policy, the University requires all employees who work in any capacity
under a federal grant or contract to notify his or her University supervisor
or department head in writing of his or her conviction for a violation of any
criminal drug statute occurring in the workplace or on work-related activities
no later than five (5) calendar days after such conviction. The supervisor or
department head will notify University Human Resources, who will consult
with the appropriate staff in the regarding satisfying the University’s reporting obligations.

Crime Statistics
CRIME STATISTICS
The following criminal offenses must be reported under the Jeanne Clery Act
annually.

THE JEANNE CLERY DISCLOSURE OF CRIME STATISTICS
In accordance with the Clery Act, victims and witnesses are encouraged toreport the following incidents to a designated campus security authority.
•
•
•
•
•
•
•
•
•
•

Murder and non-negligent manslaughter
Negligent manslaughter
Forcible sex offenses
Robbery
Aggravated assault/Simple Assault
BurglaryMotor Vehicle Theft
Arson
All hate crimes involving bodily injury
All liquor, drug or weapons law violations

The definition of “Campus Security Authority” according to the federal law is
as follows:“An Official of an institution who has significant responsibility for student
and campus activities, including, but not limited to, student discipline, andcampus judicial proceedings.”“Campus security authorities” include the following:
•
•
•
•
•
•
•
•

Faculty advisors
Campus safety personnel
Vice President of Finance and Operations/CFO
ProvostAcademic Dean(s)/Dean of Instruction
Dean of Student Affairs
Associate Vice President of Compliance
Title IX Coordinator

Reports made to a designated Campus Security Authority are not confidential
and will be reported to the Title IX Coordinator.

CRIME CATEGORIESThe crime definitions are listed in order of seriousness. When counting multiple
offenses, the “hierarchy” rule requires that you count only the most serious offense committed during a single incident. The exclusion to this is arson. Arsonis always counted as an offense regardless of the nature of any other offenses
that were committed during the same incident.
The Clery Act does not differentiate between attempted and completed crimes.
For example, an incident involving an attempted forcible rape is counted as aforcible sex offense. The only exception to this rule applies to attempts or
assaults to murder wherein the victim does not die. These incidents should beclassified as aggravated assaults rather than murders.

Negligent Manslaughter
The killing of another person through gross negligence.
Robbery
The taking or attempting to take anything from value of the care, custody, or
control of a person or persons by force or threat of force or violence and/or by
putting the victim in fear.
Aggravated Assault
An unlawful attack by one person upon another for the purpose of inflicting
severe or aggravated bodily injury. This type of assault is accompanied by theuse of a weapon or by means likely to produce death or great bodily harm. It is
not necessary the injury result from an aggravated assault when a gun, knife orother weapon is used which could or probably would result in a serious potential
injury if the crime were successfully completed.
Burglary
The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny ora felony; breaking and entering with intent to commit larceny; house breaking;safecracking; and all attempt to commit any of the aforementioned.
Motor Vehicle Theft
The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft
all cases where automobiles are taken by persons not having lawful access,even though the vehicles are later abandoned including joy riding).
Weapon Law Violations
The violations of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of a deadly weapon;
carrying deadly weapons, concealed or openly; furnishing deadly weapons tominors; aliens possessing deadly weapons; all attempts to commit any of theaforementioned.
Arson
The willful or malicious burning or attempt to burn, with or without intent to
defraud, a dwelling house, public building, motor vehicle or aircraft, or personal
property of another kind.
Drug Abuse Violations
Violations of the state and local laws relating to the unlawful possession,
sale, use, growing, manufacturing, and making of narcotic drugs. The relevant
substances include: opium or cocaine and their derivatives (morphine, heroin,
codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous
nonnarcotic drugs (barbiturates, Benzedrine).
Liquor Law Violations
The violations or ordinance prohibiting: the manufacture, sale, transporting,furnishing, possessing of intoxicating liquor; maintain unlawful drinking places;bootlegging; operating a still; furnishing liquor to minor or intemperate person;
using a vehicle for illegal transportation of liquor; drinking on a train or publicconveyance; all attempts to commit any of the aforementioned. (Drunkennessand driving under the influence are not included in this definition.)

LOCATION DEFINITIONSMURDER/NON-NEGLIGENT MANSLAUGHTER

On Campus

The willful (non-negligent) killing of one human being by another. NOTE: deaths
caused by negligence, attempts to kill, assault to kill, suicides, accidental
deaths, and justifiable homicides are EXCLUDED.

(1) any building or property owned or controlled by an institution within thesame reasonable contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s education purposes,

including residence halls; and (2) any building or property that is within or
reasonably contiguous to paragraph (1) of this definition, that is
owned by the institution but controlled by another person, is frequently usedby students, and supports institutional purposes (such as a food or otherretail vendor).

Non-campus Building or Property(1) any building or property owned or controlled by a student organizationthat is officially recognized by the institution; or (2) any building or property
owned or controlled by an institution that is used in direct support of, orin relation to, the institution’s educational purposes, is frequently used by
students, and is not within the same reasonably contiguous geographic areaof the institution.

Public Property
All public property, including thoroughfares, streets, sidewalks, and parking
areas that are within the campus, or immediately adjacent to and accessible
from campus.
Crime Statistics and Rates
Universities receiving Title IV grants (Federal Financial Aid) must, in accordance with the Campus Securities Act of 1990 and the Higher Education
Amendments of 1992 and 1998, provide information relating to crime
statistics and security measures to prospective and current students andemployees.

2020 Criminal Offenses
Negligent Manslaughter

Murder / Non-Negligent Manslaughter

Rape

Fondling

IncestStatutory Rape

Robbery

Aggravated Assault

BurglaryMotor Vehicle Theft

Arson*YEAR

ON-CAMPUS
PROPERTYNONCAMPUS

PUBLICPROPERTY

2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

YEAR

ON-CAMPUS PROPERTYNONCAMPUS

PUBLICPROPERTY

CATEGORY OF BIAS FOR CRIMES REPORTEDRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGIN

2020 Hate
CrimesMurder / Non-Negligent Manslaughter
Rape

Fondling

IncestStatutory Rape

Robbery

Aggravated Assault

BurglaryMotor Vehicle Theft

Arson*

Simple Assault

2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020
2018
2019
2020

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
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0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

YEAR

ON-CAMPUS PROPERTYNONCAMPUS

PUBLICPROPERTY

CATEGORY OF BIAS FOR CRIMES REPORTEDRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGINRACERELIGIONSEXUAL ORIENTATIONGENDERGENDER IDENTITYDISABILITYETHNICITY
NATIONAL ORIGIN

2020 Hate
Crimes (cont.)

Larceny — Theft

Intimidation
Destruction /Damage / Vandalismof Property

2018
2019
2020
2018
2019
2020
2018
2019
2020

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02020 VAWA Offenses
Domestic Violence

Dating Violence

Stalking

2020 Arrests
Weapons: Carrying, Possession, Etc.

Drug Abuse Violations

Liquor Law Violations

YEAR

ON-CAMPUS
PROPERTYNONCAMPUS

PUBLICPROPERTY

2018
2019
2020
2018
2019
2020
2018
2019
2020

0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0

YEAR

ON-CAMPUS
PROPERTYNONCAMPUS

PUBLICPROPERTY

2018
2019
2020
2018
2019
2020
2018
2019
2020

0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0

0
0
1
1
0
1
0
0
0

2020 Disciplinary
Actions
Weapons: Carrying, Possession, Etc.

Drug Abuse Violations

Liquor Law Violations

YEAR

ON-CAMPUS
PROPERTYNONCAMPUS

PUBLICPROPERTY

2018
2019
2020
2018
2019
2020
2018
2019
2020

0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0

0
0
0
0
0
0
0
0
0

2020 UnfoundCrimesWeapons: Carrying, Possession, Etc.

YEAR

2018
2019
2020

0
0
0

CRIME STATISTICS ANDRATES FOR HATE CRIMESThe Clery Act requires institution to separately report all Hate Crimes statistics on any of the previously mentioned offenses or any other crime involving bodily injury reported to local police agencies or to a campus security
authority, that manifests evidence that the victim was intentionally selected
because of the perpetrator’s bias or the perpetrator perceived the person
to be in one of the protected group categories. There are six types of bias
categories: Race, Gender, Religion, Sexual Orientation, Ethnicity/National
Origin, and Disability.
There were no reported hate crimes for the years 2018, 2019, 2020. Ottawa
University does not have any on-campus student housing or non-campus
property at the Brookfield location.
*The Higher Education Amendments of 1998 made some major changes to
the Campus Securities Act of 1990. Some of these changes include: adding manslaughter and arson to the list of crimes that colleges must report

each year; requiring colleges to keep statistics on violent crimes directed at
individuals because of race, gender, religion, ethnicity, sexual orientation, or
disability; defining further areas that colleges are responsible for when reporting campus crime; allowing colleges to release public information on any
student who has admitted or been found guilty of committing a violent crime
or a non-violent sexual offense and any sanction imposed by the institution;
and allowing colleges to inform the parents or legal guardians of students under 21 who have violated laws on the use or possession of alcohol or drugs.
The figures provided in this report are based on the reporting requirementsof the Department of Education. The Clery Act sets forth how crimes perpetrated by students of the institution are tracked (both on and off campus)
and reported to various constituencies including students and employees ofthe educational institution.

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